FLSA/FMLA

Stan Babbs is a customer service representative with Johnson Building Supply. In June 2020 Stan received a disciplinary write up for being late for work on five occasions and being continuously argumentative with his supervisor. Stan was warned that if it happened again, he would be fired. Stan continued to be argumentative with his supervisor and he was late several times in August, September and October. However, Stan was not fired or written up for those instances.

On November 19, 2020 Stan asked for two days to take his wife for outpatient surgery. Johnson Building Supply terminated Stans employment two days later on November 21 because of unresolved, previously disciplinary issues.

If you represented Stan in a claim, what would you allege? Cite the law. If you represented Johnson Building Supply, what would you allege?