World417_TG_01

We just received a demand letter from Isaiah’s counsel. He alleges wrongful termination and FMLA interference. Can you look into the validity of his claims and return me back a write-up of what you find? I want you to just write your answer right here. 

You’ve asked me to determine if Isaiah has valid wrongful termination and FMLA interference claims.

# Wrongful Termination Analysis
Section 7(a) of Brown's Employment Agreement establishes an “at-will” employment relationship under California law, the governing law of the agreement, which may only be overcome by a respondent’s showing that the termination was illegal, in violation of public policy, in violation of clear contractual language or in violation of the implied covenant of good faith and fair dealing. Brown has alleged that his termination was in violation of public policy (i.e. exercise of FMLA, discussed below) and in violation of the implied covenant of good faith and fair dealing (i.e. termination rationale fabrication) but has provided nothing to support the allegations. Consequently, Brown does not appear to have a valid wrongful termination claim because he cannot demonstrate that the circumstances of his dismissal fall within the four (4) exceptions to at-will employment in California. 

# FMLA Interference Analysis
Family Medical Leave Act interference may occur when an employer interferes or otherwise prevents an employee from exercising his/or her rights under the FMLA. Brown worked at Chasing Streams for four months for approximately 20 hours per week before he raised the FMLA request. Consequently, Chasing Streams did not violate the FMLA by not granting Brown’s request as Brown is not an "eligible employee” within the meaning of the law (must have been employed for at least 12 months with the employer and worked at least 1,250 hours in the 12 months before the leave was requested). 

# Conclusion
The language of Brown’s Employment Agreement designates him as an at-will employee that can be terminated with or without cause. As noted, Brown has presented no valid rationale to support an exemption under California law and will likely be unable to assert a successful wrongful termination claim. Additionally, as Brown worked for Chasing Streams for four months at 20 hours per week, he does not fall within the meaning of an “eligible employee” under the FMLA and was properly denied the leave by Chasing Streams.