Reference no: EM132295273

Woodrow “Woody” Hayes is the President and CEO of “Buckeye Bakery”, a small company with only one (1) location in Columbus, Ohio. Buckeye employs forty (40) full-time employees, including thirty-five (35) bakers. In addition, at any given time, Buckeye retains ten (10) – forty (40) additional bakers from a temporary staffing agency. The temporary agency doesn’t provide on-site management. Rather, all full-time and temporary bakers are managed by Buckeye's head baker, Urban Meyer. Mr. Meyer holds all bakers accountable for compliance with Buckeye’s employment policies and quality standards. Temporary workers are paid by the hour. The only tools or equipment they’re required to bring with them is their white chef’s coat and hat. Buckeye recently rehired Braxton Miller, a twenty (20) year Buckeye employee who left the Company for four (4) months to make Twinkies at Hostess. When Hostess closed its doors, Buckeye welcomed him back with open arms. Although Mr. Miller hadn’t been employed by Buckeye for twelve (12) consecutive months, he had worked for Buckeye in excess of 1,250 hours in the past year. Less than two (2) weeks after returning to Buckeye, Mr. Miller suffered a serious concussion while playing touch football with his friends. According to his physician, Mr. Miller would be out of work for two (2) to three (3) weeks. Because he was only recently rehired, he wasn’t eligible for vacation and because Buckeye didn't employ fifty (50) or more employees within a seventy-five (75) mile radius, it didn't have an FMLA policy. Not wanting to single out a star employee for special treatment, Mr. Meyer terminated Mr. Miller’s employment for violating the Company’s attendance policy.

As such:

• Identify the relevant facts;

• Identify the issue(s) presented;

• Identify the rule(s)/test(s) that a court would apply;

• Identify a case(s) from the text addressing these issues;

• And, provide legal/practical solutions to the problems.