Question
John works restocking shelves on the night shift at his local NotsosmartMart store in Anytown, NJ, which is part of a nationwide chain of department
John works restocking shelves on the night shift at his local NotsosmartMart store in Anytown, NJ, which is part of a nationwide chain of department stores. One night, at 2:30 a.m., John's wife, Sue, who is pregnant, calls and tells him that she is in labor and asks him to leave work to drive her to the hospital. John attempts to leave, and learns that all of the doors are locked and the supervisor, who has the key, is not on the premises. John attempts to call the supervisor's cell phone, but gets no answer. So, he calls the police to help him get out of the building. Once the police arrive, they call the store manager at home who comes and unlocks the door. John leaves to take his wife to the hospital. The next afternoon, John leaves his supervisor a voice mail advising him that he and his wife had a new baby and that he would be out that night and that he would call the next day to discuss how much time he could take off to help his wife with the new baby.
- Based upon the laws covered in class, is John entitled to any benefits as a result of the birth of his child? If so, what benefits might he be entitled to and why? What additional information would you like to know to better evaluate this issue?
- The next day, when John calls his supervisor, he learns that he has been fired for failing to come to work the previous day. If John decides to sue NotsosmartMart, what is the basis for his lawsuit? Why? What would you argue on John's behalf? What would you argue on NotsosmartMart's behalf? Does John have a case?
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