THE ETHICAL DIMENSION Did IBC take unfair advantage of the “letter of the law” by not granting Chalimoniuk a little more leave time? After all, he was, in fact, dealing with his problem. Explain your answer.

THE LEGAL ENVIRONMENT DIMENSION Although IBC won this case, defending against the lawsuit was costly. How can employers avoid such litigation?

Krzysztof Chalimoniuk worked for Interstate Brands Corporation (IBC) for fifteen years before he was fired for excessive absenteeism. Chalimoniuk, an alcoholic, sought treatment for his condition. He requested leave under the Family and Medical Leave Act (FMLA) from July 29 to August 14, 2000, to deal with the problem. From August 4 to 11, he was hospitalized for treatment of alcohol dependence and withdrawal. When he failed to return to work on August 15, he was fired for being absent. IBC noted that he was also absent from July 29 to August 3, when he was not hospitalized, and those days were counted as improper absences because he had already exceeded the number of days he could miss under the company’s leave policy. Chalimoniuk sued, contending that IBC had violated his FMLA rights. During the course of litigation, Chalimoniuk filed for bankruptcy, and his claim against IBC became part of the bankruptcy estate. Richard Darst, as trustee for the estate, continued to prosecute the claim. The district court granted summary judgment in favor of IBC. Darst appealed.