Answer:
D and C worked at an appliance plant and were sometimes required to do the maintenance work while standing twenty feet above the plant floor on the wire mesh. Some of the employees fell from the mesh and one of them died. D and C were informed by their supervisor they would be required to walk on the mesh to perform their tasks. They refused to perform the task as they feared that they might die or get severely injured, and because of this they were fired from the job.
Wrongful Discharge is a term used to describe the act of discharging an employee performed by an employer, and such dismissal violates an employment contract or a statutory law.
The Occupational Health and Safety Act (OSHA), 1970, states that the employer is required to provide safe working conditions for the employee, and should meet the required health and safety standards. The Department of Labor ensures that this law is properly applied. It imposes a general duty on employers to ensure that the workplace is safe.
OSHA ensures that its compliance officers inspect the establishments and work areas that come under this act. This act provides that an employer cannot discharge an employee, who refuses to work in high risk area in good faith, as working there might cause death or bodily injury.
In the given case it can be seen that D and C denied performing the task because they feared that they might suffer from some bodily injury or might just die while working on the mesh. D and C have the sufficient reason to believe that the task was dangerous because of the fact that previously some of the employees have fallen from the mesh and one them died. As it is known that D and C were dismissed because they denied performing the task, they can take assistance of OSHA and the Department of Labor.
Therefore, it can be said that D and C have been wrongfully discharged under the Occupational Health and Safety Act (OSHA), 1970
Answer:
In order to get secured in the Family and Medical Leave Act (FMLA), a worker must tell his boss the cause for the leave, that W evidently did not ensured. Though she had gone for a one day sick leave but did not specify that she was not able to work and put efforts as she was pregnant and did not request for any authorization of leave for the absenteeism from work.
It is the fact that on the very next day W called back and requested somewhere to report to come back to work, which displays that she was not expecting to proceed for FMLA leave.
A worker may be retained on automatic FMLA leave in case the cause for the absenteeism proof is a severe health issue. But the workers must offer adequate notification to a boss in case of such conditions.
Answer:
The Division of employment security (DES) denial was right as the division found that G was unsuccessful and does not have any noble reason to receive an proposal of appropriate work from a previous boss.
It was also determined that garas was also not supported by additional proofs and competent. The proofs presented that there was no proposal of appropriate work but somewhat an appeal to stand up to G resume to a prospective position of service.
There is no answer for this question