Case Study: Terwillinger V. Howard Memorial Hospital

she was fired for not coming back when she was pressured to do so and for fulling exercising her FMLA rights. Terwillinger, now a former employee of Howard Memorial Hospital, did end up losing her claim as she was not denied her right to use FMLA leave. Terwillinger’s case did bring about various points that were laid out for both employers and employees to abide by in order avoid interference claims of this nature. All employers should strive to make sure that all employees are aware of the FMLA policy upon hire. If an employee does not receive said policy, they should follow up with their employer so that they have the documentation. This way both parties are aware of what is to be handled on both of their parts. Also, there are those that …show more content…
This is a cause for serious investigation on behalf of the employer. In the case of Koszarsky v. AO Smith Corp, coworkers of referenced employee stated on several occasions that said employee had been acting strangely. This was only after an incident in which the employee was in a meeting yelling at his supervisor and raising unrelated subjects during the meeting. The employee stated that he felt stressed and needed to take some leave at which he was denied. The employee was absent for two days and was terminated even after providing medical documentation of an anxiety attack. AO Smith Corporation decided that even with this documentation, it was not a serious enough for them to grant his leave which is why he was denied. The employee brought a case claiming interference and the district court of South Carolina believed his claims. If an employee is claiming an illness and can provide documentation either prior to, during or after said leave is taken, it is in the best interest of the company to take that and let the employee take the leave. This situation could have turned deadly if the employee had enough stress build up over time. We are in a time where more and more employees are returning to their jobs with handguns and killing innocent coworkers because they are unhappy. This employee was stating that he was stressed and he was ignored on several …show more content…
If a person simply turns on the news, they will be bombarded with many stories related to people who have done harm because of a mental disorder. People are suffering from things that are preventable with simple medication and therapy. This needs to be a subject related to employee rights. It has been noted that there are those organizations, such as law enforcement agencies, that allow employees leave related to mental health medical concerns due to the stress related nature of the job. It is serious and should not be taken lightly when an employee has relayed that they are stressed. The previous employee should have been evaluated by a mental health