Ben began working for Whitestone in December 2005. In October 2007, Whitestone was acquired by Sky Ltd., a competitor. In November 2007, Ben learned he had fibrosing mediastinitis and applied for FMLA leave for a related surgery. Ben's FMLA leave was approved beginning December 17, 2007. On February 15, 2008, Ben notified his supervisor of his intention to return to work on February 18, 2008. When the regional manager learned that Ben was returning, he discharged Ben and provided assurances to Human Resources that Ben's position would have been eliminated due to the acquisition of Whitestone, regardless of his FMLA leave. Is Whitestone justified in its action?

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The Answer of Ben began working for Whitestone in December 2005. In October 2007, Whitestone was acquired by Sky Ltd., a competitor. In November 2007, Ben learned he had fibrosing mediastinitis and applied for FMLA leave for a related surgery. Ben's FMLA leave was approved beginning December 17, 2007. On February 15, 2008, Ben notified his supervisor of his intention to return to work on February 18, 2008. When the regional manager learned that Ben was returning, he discharged Ben and provided assurances to Human Resources that Ben's position would have been eliminated due to the acquisition of Whitestone, regardless of his FMLA leave. Is Whitestone justified in its action?

Ben Began Working for Whitestone in December 2005