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Question
Ben started working for Whitestone in December 2005. Two years later, Whitestone was acquired by Sky Inc., a competitor. Ben learned that he had fibrosing mediastinitis and applied for Family and Medical Leave Act (FMLA) leave for a related surgery. Ben notified his supervisor of his intention to return to work in two months, and his leave was approved. When the regional manager learned that Ben was returning, he discharged Ben and provided assurances to Human Resources that Bens position would have been eliminated due to the acquisition of Whitestone, regardless of his FMLA leave. Is Whitestone justified in its action?
Answer
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