BIG BRAIN SOLUTIONS

INTERNAL MEMORAUNDUM

DATE: August 01, 2017

TO: Vice President, Human Resources
FROM:
SUBJECT: Grievances and Implications

The following summarizes the results of the investigation into the implications of the grievances

for wrongful termination filed by Liz Bennet and Ralph Nicklebys grievances. Although

Delaware does not have laws governing family medical leaves, it follows the federal Family

Medical Leave Act (Jauffret, 2010). This is a legal ground for Liz Bennet to take her grievance

through the legal system, with a probability of success whether though arbitration or the court

system. However, Ralph Nicklebys grievance is unlikely to make it to court, and denied through

arbitration. His refusal to take a drug test can be grounds for dismissal, as Delaware does not

have any provisions on employers conducting drug testing of their employees. Further, it does

not meet any privacy or discrimination standards.

Liz Bennets Grievance Review

The timing of Liz Bennets release of employment and elimination of her position during her

maternity leave can be questionable and a violation of the Family Medical Leave Act (FMLA).

Employment Law: Family Medical Leave Act (FMLA)

Under the FMLA, employees are allowed twelve weeks of unpaid leave during a twelve-

month period upon giving birth to a new child; and further provided security to return to

their same position without any negative action from the employer (The Business

Professor, n.d.).

Family Medical Leave Act: Applicability

 FMLA is applicable for company with over fifty employees, who work each work day of

their work schedule, and more than twenty weeks (The Business Professor, n.d.). FMLA

is applicable, as Big Brain is a subsidiary of Colossal, which employs 300 employees

worldwide. Further, Liz gained her position in 2014 and has been working each work day

for more than 20 weeks, until her maternity leave.

Legitimacy of Grievance

The timing and reasoning can be perceived and construed as a negative action by Big

Brain against Liz Bennet. Her grounds under FLMA would give her justification to take

the case to court, with a probability of success. If her case was arbitrated, it may also be

as successful. Arbitration is an alternative dispute resolution, decided upon by a selected

official who is a subject matter expert (The Business Professor, n.d.). The arbitrator may

also find the timing and reasoning questionable and grant Bennets grievance request.

Ralph Nicklebys Grievance Review

Ralph Nicklebys termination does not violate any applicable employment laws. His grievance

cannot be justified under state or federal laws.

Employment Laws and Applicability

Delaware does not specifically speak to, nor limit, a private organization from conducting

pre- or post-employment drug testing (Jauffret, 2010). Although federal and state laws

exist against disability discrimination, it is not applicable with drug and alcohol use

(Jauffret, 2010; State of Delaware, 2017). Further, while privacy acts exist to protect

employees, it does not cover employment drug testing (The Business Professor, n.d.).

Legitimacy of Grievance
 Nicklebys refusal to take a company-required drug test can be grounds for dismissal. It

does not violate any laws, but rather Nickleby may be in violation of his implied

employment contract if it outlines employees agreement to take mandated random drug

testing. It is unlikely his case will go to the courts. It can be surmised he opted for an

arbitrator for the benefits it provides for an unsubstantiated claim. Arbitrations provide

benefits such cost effectiveness and protection of privacy (The Business Professor, n.d.).

If there are any questions or areas needing further clarification, please contact me. Thank you.
 References

Jauffret, J. (2010). Labor and Employment Desk Book, USA Delaware. Lex Mundi

Publication. Retrieved from www.lexmundi.com/document.asp?docid=1368

State of Delaware. (2017). Disability Discrimination. Retrieved from

https://dia.delawareworks.com/discrimination/disability.php

The Business Professor. (n.d.). Alternative Dispute Resolution. Retrieved from

https://umuc.equella.ecollege.com/file/6aa8bfb8-7053-4fed-94f6-

2547e454c501/1/web/viewer.html?file=https://umuc.equella.ecollege.com/file/77770023-

c894-4d67-87bd-f7ee381d0c16/1/AlternativeDisputeResolution.pdf

The Business Professor. (n.d.). Employment Laws. Business Law: An Introduction. Retrieved

https://umuc.equella.ecollege.com/file/6aa8bfb8-7053-4fed-94f6-

2547e454c501/1/web/viewer.html?file=https://umuc.equella.ecollege.com/file/77770023-

c894-4d67-87bd-f7ee381d0c16/1/AlternativeDisputeResolution.pdf