Learning Team Reflection: Week 4 Irac Brief

Learning Team Reflection: Week 4 IRAC Brief

Darcy Apao

LAW 531

March 12, 2015

Derrick Wong

Learning Team Reflection: Week 4 IRAC Brief

The governance principle of regulatory compliance establishes values and sets a tone of integrity within a corporation. To minimize liability of legal risks, corporations must ensure everyone involved obtains a certain amount of understanding and knowledge to take necessary steps in eliminating and reducing repercussive effects of established policies. The requirements of regulatory compliance fall on different levels of a corporation’s shareholders, directors, and officers, who each have various rights in managing the business. The investors vote on who will be the directors and important issues that ultimately will have an influence on the corporation’s outcomes. Then the directors carry out policy and procedures, and assess officers who are responsible for the business’s daily operations

Case: In the case of Escriba vs. Foster Poultry Farms, Inc., Maria Escriba disputed that she was wrongfully terminated and her rights under the Family and Medical Leave Act were violated because she needed to take care of her ill father in Guatemala.

Issue: Have rights under the Family and Medical Leave Act been unlawfully interfered with?

Rule: Under the Family and Medical Leave Act (FMLA) eligible employees of covered employers may take unpaid, job-protected leave for specified family and medical reasons, up to 12 weeks in a 12-month period (United States Department of Labor, 2015). Eligible employees include but are not limited to those who need to take maternity leave to give birth and bond with the child after birth, placement of an adopted child, care for immediate family members, and for personal serious health conditions. This policy extends rights to the employee as long as said employee provides the employer with a certification from a qualified health care provider stating patient’s or patient’s family member’s serious...