Eric Employee Eric Employee has worked as a Receiver for Eggsellent Eggs, Inc., a local grocery store chain in Alabama with 200 employees.

He has worked for the company since 2002. His job description is attached below. In 2010, Eric was diagnosed with Parkinson’s Disease, a degenerative movement disorder that causes difficulty with walking and muscle weakness. It can also make speech soft and slurred, and can cause “masking,” a condition in which the person’s facial expression appears frozen, as if it were a mask. In its more advanced stages, Parkinson’s Disease can also cause cognitive decline.

In 2012, Eric took FMLA leave to have a surgical procedure that his doctors hoped would alleviate some of his symptoms. He returned to work in June, 2012. Eric’s performance reviews, including his review in June, 2013, have always been satisfactory, and he has exhibited no signs of cognitive decline. However, since Eric’s return from leave, his colleagues have complained to Marvin Manager, the General Manager of Eric’s store, several times about Eric’s “slowness” in moving around at work. Customers and suppliers have also complained that it is difficult to understand Eric both in person and on the phone. Manager did not investigate any of these complaints and did not inform Eric about them. Instead, trying to be kind to Eric, who had been a loyal employee for so long, in September, 2013, Manager gave the responsibility of communicating with customers and suppliers to a stock boy. He gave the responsibility of generating reports and troubleshooting equipment to the Assistant General Manager. Manager did not discuss these decisions with Eric or inform him of them.

In November, 2013, Eric approaches you, the Director of Human Resources, to request “light duty” because he is having difficulty carrying heavy boxes because of his illness. Using what we have learned in class and through the reading materials, as well as Eric’s job description, which is on the next page, please answer the questions below (remember that maximum credit is given for identifying all potential issues, defining all applicable legal rules and applying specific facts to those rules to draw your conclusions): 1. What should you do in response to Eric’s request for “light duty”? Would you grant his request? Why/why not? Please be specific about the factors you would consider and the potential solutions. (50 points) 2. Assume that Eric remains working for Eggsellent Eggs while your supervisors are reviewing your recommendations about Eric’s request. In December, 2013, Manager approaches you to tell you that he would like to terminate Eric because he cannot lift heavy items, does not troubleshoot equipment, generate reports or communicate well with customers. Can Manager legally terminate Eric for any or all of these reasons? Please be specific about the factors you must consider when advising Manager. Why/why not? (50 points)

Purpose:

EGGSELLENT EGGS, INC. RECEIVER JOB DESCRIPTION To organize receiving systems and process designated deliveries of grocery, bulk, health and beauty and perishable items to ensure accountability for receiving paperwork, pricing and security of items.

Status:

Reports to Grocery Manager

Pay Level II

Full-­‐time Responsibilities: I. RECEIVING • Prepare storage areas for incoming deliveries • Check deliveries to verify piece count and check for obvious damages • Help with unloading and direct other staff with unloading as needed • Sign for deliveries with appropriate adjustments noted on invoice • Break invoices into department categories and route to department buyers • Coordinate returns, ensuring that returned items get back to appropriate suppliers in a timely manner • Call suppliers for credit on designated orders • Set aside special orders, match product with special order form and call customers • Expedite stocking of incoming items on shelves • Rotate overstock into storage. • When receiving work allows, stock in grocery departments and assist customers with product questions and special orders II. POINT OF SALE SYSTEM • Enter new products, delete discontinued products and enter product and price changes accurately into inventory records on scanning system from information received from Buyer. • Enter sales prices into scanning system • Print out lists of sale items for coming month • At end of month, review sale items with Department managers to ensure accurate status • Generate shelf tags for new products and price changes. Spot check items on shelves to ensure accurate pricing. • Regularly test scanning system for accuracy. • Troubleshoot equipment problems • Design and generate reports on product movement as requested by General Manager and department managers.

III.

Qualifications: • • • • • • •

OTHER RESPONSIBILITIES • Attend meetings with buyers and stockers as requested by Grocery Manager • Attend storewide meetings • Perform other tasks assigned by Grocery Manager

Organized and accurate with details Ability to lift up to 50 lbs. continuously Familiarity with grocery and health and beauty products Clear speaking voice Ability to give clear instructions Regular, predictable attendance Willingness and ability to learn to meet the changing requirements of the job