Scenario 1 Anita has been working for SnorFest College (a non-unionized workplace) as an instructor for ten years. Until this past year, she has had no performance issues or record of discipline. Beginning September of this year, she has had a significant number of absences. HR has been advised that her absences have to do with a medical condition. Anita's manager wants to know exactly when Anita can be expected to return to work on a regular, full-time basis. Anita does not know; her doctor has advised her to take the January term off. Feeling increasingly pressured, Anita tells her manager that she should be able to return to a regular schedule "soon", hoping that she will feel better after the break between fall and winter semesters. Instead, she feels worse and is forced to take time off in January. Her manager has asked HR whether Anita's employment can be terminated for dishonesty, or for absenteeism. In the manager's view, Anita's absenteeism had caused the College undue hardship. The manager contacts Anita repeatedly while she is on leave, and asks her to help prepare lesson plans for a substitute in January. Anita is starting to feel harassed and thinks that she may have to quit her job.

questions answer:

1. Explain the legal issues in the scenario.

2. What advice would you give to the employer in this situation? Your advice should be aimed at preventing or resolving a lawsuit.

3. What are the employee's legal rights and responsibilities in this situation?

4. What could the employer do in this situation to improve the employment relationship?

5. What could the employee do in this situation to improve the employment relationship?

6. Come up with a solution to the issues in this scenario -- something that you think would be acceptable to both the employer and the employee.

7. If the employee in this scenario was a union member -- what, if anything, would change in terms of resolving this matter?