Reference no: EM132283083

George’s administrative job included receiving merchandise, finding lost delivery items, tracking outgoing packages, filing claims for UPS and Federal Express, devising shipping solutions, developing packaging materials, and formulating process improvements for assembly lines. George saw his job responsibilities grow substantially over time. He was given the title of Process Analyst to match his new responsibilities and was told that he was being considered for a salaried position. George took FMLA leave to receive treatment for gastro-esophageal reflux. During his leave, many of his functions were distributed to other employees. George had previously taken leave at least a dozen times without incident; however, this time when he returned from leave, he was told to work on the keypad line. This was a production-line position that required George to lift heavy boxes and manually press buttons on telephone keypads to ensure the phones properly functioned. He worked in the keypad position for eight days before taking leave for esophageal surgery. When George returned to work again, he had exhausted his annual entitlement to FMLA leave. George was informed that his former Process Analyst position had been permanently phased out because of business needs, but his pay and benefits would not be affected. A manager explained “in our service business it's hard to hold positions open when we've got to take care of customers every day. So we found a way of working through [his leaves]." George sues. Identify the claim(s) that George will allege and discuss what the court should decide and why.