Exam (elaborations) HRMN 301

1. (TCO A) Alice Jones was employed as a clerk-typist by a company. She requested and was refused a vacation day. The employer's refusal was based on her failure to submit the request at least two weeks in advance as required by company policy. She announced that she would take the day anyway, and when she subsequently failed to report for work, was fired for insubordination, plus the unexcused absence. Jones claimed that the company's real reason for firing her was a complaint that she had made to her state's department of labor concerning elimination of employee rest breaks. Explain and evaluate the possible causes of action available to Jones, and identify and explain the possible defenses available to Jones’ employer with regard to each cause of action. Integrate case law and statutory support into your response. (Points: 30 According to the above scenario, is it clear that Alice Jones violated the company’s policy in not abiding with submitting the two weeks advance notice as required by the company policy. Hence it was stated by the company that all employees should submit their requested time off for approval two weeks prior to the requested time proposed. According to the scenario Jones announced verbatim that she was taking a day off by all means which landed her in a tough place in her argument by ignoring her job policy At will employment an employment relationship where there is no contractual obligation to remain in the relationship; either party may terminate the relationship at any time, for any reason, as long as the reason is not prohibited by law, such as for discriminatory purposes (Bennett-Alexander & Hartman 2012). Jones is fully aware that she had made a complaint about her employer to State Department of labor concerning eliminating employees rest breaks, she could have be more cautious and adhere to her work policy in other to avoid employer’s retaliation. Thus her employer didn’t have adequate reason to fire her just for one day off, they could have issue her warning letter or coached her for such not to repeat it again, even though her request was denied. The scenario didn’t state that her employer had a contractual at- will employment policy. If they do her employer may have a grounds that they needed her to work on that particular day and she wasn’t present with not legal excuse. Furthermore her employer may say by allowing jones break the company’s policy this could lead other employees to feel some type of favoritism if no action is taken. I am not sure if Jones has a case and can proceed with any type of legal action against her employer. However, if jones have any legal documentation stating that she have right to a day off and her previous complaint document she may keep her job and also seek legal action against her employer. .............................CONTINUED...................................................