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BMBA 9112-LAW EXAMINATION SPRING 2012 Anthony worked in the finishing department at ABC Graphics. Anthony’s supervisors warned him about frequent absenteeism three times between March 1998 and September 1999. When providing the last warning, his supervisor gave him a written notice that continued attendance problems could result in termination. In October 1999, Anthony called in sick again and told his supervisor that he had AIDS and that his absenteeism was due to the disease. This was the first time ABC Graphics knew of Anthonys condition. Several days later, ABC Graphics told Anthony not to return to work. Several days later, Anthony met with the ABC Graphics employee services manager, who told him that he could apply for FMLA leave for some of the absences when he had called in sick. She further told him not to report to work until he had completed the FMLA application and his attendance issue had been resolved. Anthony complied, but after he returned to work, the, vice president of finishing operations, decided that Anthonys leave would be considered disciplinary suspension for excessive absenteeism. In November, Anthony met with the employee services manager and the vice president of finishing operations. The employee services manager told Anthony that she had excused many of his absences, but that she had calculated that he still had accumulated fourteen unexcused absences during the preceding eleven months, including six no-call, no-show absences. When Anthony met again with them several days later, the vice president of finishing operations presented Anthony with a last-chance agreement and offered him the choice between signing the agreement or being fired immediately. The agreement, which Anthony signed, stated that he could be terminated for any violation of the employee services manual or the agreement itself. Several weeks later, Anthony was terminated after a couple of confrontations with coworkers. His coworkers who were i
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