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BMBA 9112-LAW EXAMINATION
SPRING 2012
Anthony worked in the finishing department at ABC Graphics. Anthony’s supervisors warned
him about frequent absenteeism three times between March 1998 and September 1999. When
providing the last warning, his supervisor gave him a written notice that continued attendance
problems could result in termination. In October 1999, Anthony called in sick again and told his
supervisor that he had AIDS and that his absenteeism was due to the disease. This was the first
time ABC Graphics knew of Anthonys condition. Several days later, ABC Graphics told
Anthony not to return to work.
Several days later, Anthony met with the ABC Graphics employee services manager, who told
him that he could apply for FMLA leave for some of the absences when he had called in sick.
She further told him not to report to work until he had completed the FMLA application and his
attendance issue had been resolved. Anthony complied, but after he returned to work, the, vice
president of finishing operations, decided that Anthonys leave would be considered
disciplinary suspension for excessive absenteeism.
In November, Anthony met with the employee services manager and the vice president of
finishing operations. The employee services manager told Anthony that she had excused many of
his absences, but that she had calculated that he still had accumulated fourteen unexcused
absences during the preceding eleven months, including six no-call, no-show absences. When
Anthony met again with them several days later, the vice president of finishing operations
presented Anthony with a last-chance agreement and offered him the choice between signing the
agreement or being fired immediately. The agreement, which Anthony signed, stated that he
could be terminated for any violation of the employee services manual or the agreement itself.
Several weeks later, Anthony was terminated after a couple of confrontations with coworkers.
His coworkers who were i
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