LEG 500 SU Law and Compensation by A Health Professional Essay

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Brian works for FLYME Airlines and was a healthy 50-year-old who ran marathons. Brian recently had a heart attack and has been out pursuant to the Family Medical Leave Act (FMLA). Unfortunately, the 3 months off from work has resulted in his health deteriorating. He sits all day, does not exercise, has gained 18 pounds and now has high blood pressure. Brian is returning to work and worries about the stress of his job. He is nearing retirement but does not want to stop working. You are Brian’s boss and need him on the night shift. You are worried about his personal health and more so, his ability to do the job safely.

Discuss the following:

1. Determine and identify the law in your home state as to Worker’s Compensation and who is entitled to it. Then, provide what the company’s options are and whether Brian qualifies for workers’ compensation due to his health issues. Analyze the key legal and ethical issues faced by you, the employer and what some of the arguments would be on both sides if Brian applies for worker’s compensation.
2. Explain the Direct Threat defense pursuant to the Americans with Disabilities Act and whether the employer can fire Brian using the defense.
3. Per the chapter reading this week, summarize your understanding of Unions and some of the key issues that are important to both employees and employers today.