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Wrongful Termination?

Disability Insurance News & Discussion

Wrongful Termination?

Postby Jourdan » Sat Sep 30, 2017 11:06 am

My husband was hired by a company back in the summer. The job was a manual labor job that required a great deal of lifting. That was fine. During the interview process my husband made the employer aware prior to being hired that he suffered with diabetes and diabetic related complications.He explained to them that while he felt well 95% of the time, there were those days when his complications left him ill but that if hired he would perform the task to best of his abilities.



He also notified the employer that these complications had at times put him in the Hospital. Knowing all of this,he was hired for the Job. Within the first 90 days, he was rushed to the emergency room 3 times one of those times was after nearly collapsing during work. After each incident he volunteered paperwork verifying that he had been ill. Always the managers would refuse to take the paper work citing that because he was still under his 90 day probation, the paper work was worthless.






Fast forward, 8 mos on the job and my husband is still working but not without the occasional hiccups with his illness.
During one of his down times with his diabetes he'd reported to work knowing he wasn't feeling his best but he felt better to show up ill then to call off. As he's working a manager walks by and decides hes not working fast enough for her and calls him to her office. She asked him what was wrong and he begins to explain to her that he has diabetes along with all these other complications and as he's talking she's condescendingly speaking over him and making remarks about how she has diabetes too as if two people suffer and illness the exact same.





Afterwards she wrote him up and sent him home saying he couldn't return without a doctors excuse. Well we don't have insurance and have to rely on the local community clinic illness for all our health care needs. It took for days before he could be seen.
When he was finally seen it was in the after hours emergency care. He was given a doctors excuse and released to work.He was also given a doctors appointment to meet with a physician so he could get some FMLA paperwork filled out.
he made the managers aware that he would be bringing them the documentation once again (he'd brought a letter from the doctors before and they refused to take it) but his doctors appointment wasn't until the 9th of March.





Today they call him in the office and tell him he's fired for having unexcused absences from work Which is not true, they would refuse his doctors excuses. Now my husband is unemployed and all because of an illness they were made aware of. On top of that they gave him the paperwork to have filled out by a doctor but turned around and two weeks later fired him? What I need to know if what are our legal options if any? I truly feel my husband was a victim of discrimination. Yes he is sick but he's trying his best to work and earn a living.
Jourdan
 
Posts: 33
Joined: Fri Apr 04, 2014 4:54 pm

Wrongful Termination?

Postby Labhruinn » Thu Oct 05, 2017 1:09 am

1) Was he an at-will employee?

2) Discrimination is PERFECTLY legal as long as it is not based on being a member of a protected class..
Labhruinn
 
Posts: 58
Joined: Fri Jan 10, 2014 5:29 pm

Wrongful Termination?

Postby Lok » Sun Oct 08, 2017 4:22 am

My husband was hired by a company back in the summer. The job was a manual labor job that required a great deal of lifting. That was fine. During the interview process my husband made the employer aware prior to being hired that he suffered with diabetes and diabetic related complications.He explained to them that while he felt well 95% of the time, there were those days when his complications left him ill but that if hired he would perform the task to best of his abilities.


He also notified the employer that these complications had at times put him in the Hospital. Knowing all of this,he was hired for the Job. Within the first 90 days, he was rushed to the emergency room 3 times one of those times was after nearly collapsing during work. After each incident he volunteered paperwork verifying that he had been ill. Always the managers would refuse to take the paper work citing that because he was still under his 90 day probation, the paper work was worthless.


Fast forward, 8 mos on the job and my husband is still working but not without the occasional hiccups with his illness.
During one of his down times with his diabetes he'd reported to work knowing he wasn't feeling his best but he felt better to show up ill then to call off. As he's working a manager walks by and decides hes not working fast enough for her and calls him to her office. She asked him what was wrong and he begins to explain to her that he has diabetes along with all these other complications and as he's talking she's condescendingly speaking over him and making remarks about how she has diabetes too as if two people suffer and illness the exact same.

Afterwards she wrote him up and sent him home saying he couldn't return without a doctors excuse. Well we don't have insurance and have to rely on the local community clinic illness for all our health care needs. It took for days before he could be seen.
When he was finally seen it was in the after hours emergency care. He was given a doctors excuse and released to work.He was also given a doctors appointment to meet with a physician so he could get some FMLA paperwork filled out.
he made the managers aware that he would be bringing them the documentation once again (he'd brought a letter from the doctors before and they refused to take it) but his doctors appointment wasn't until the 9th of March.

Today they call him in the office and tell him he's fired for having unexcused absences from work Which is not true, they would refuse his doctors excuses. Now my husband is unemployed and all because of an illness they were made aware of. On top of that they gave him the paperwork to have filled out by a doctor but turned around and two weeks later fired him? What I need to know if what are our legal options if any? I truly feel my husband was a victim of discrimination. Yes he is sick but he's trying his best to work and earn a living.
Lok
 
Posts: 56
Joined: Tue Feb 18, 2014 2:14 pm

Wrongful Termination?

Postby Kean » Sun Oct 08, 2017 7:02 pm

No discrimination.
Kean
 
Posts: 33
Joined: Wed Apr 16, 2014 3:04 am

Wrongful Termination?

Postby acher » Wed Oct 11, 2017 2:11 am

FMLA does NOT apply since he has NOT worked for at least 12 months with this employer....

even if he had worked 12 or more months FMLA may not apply (depends on how many employees there are)

for FMLA info see: http://www.dol.gov/whd/fmla/

the only excuses that an employer MUST accept are those covered under FMLA, having doctors notes or not is IRRELEVANT in this case because he was not covered by FMLA.....

now if he had asked for and was granted a reasonable accommodation under ADA he still may be out of luck because even with an accommodation he must be able to perform the essential duties of the job...

also unplanned absence such as your husbands are very often NOT a reasonable accommodation for a small employer to make and it is not reasonable for many types of jobs so ADA probably would not apply even if he had asked about it...

see: http://www.dol.gov/dol/topic/disability/...

this was NOT a wrongful termination since he was not terminated for an illegal reason, such as discrimination, retaliation, or taking part in a protected activity & he did not have a contract that was breached.....

he can and should file for unemployment, he may not qualify for it (depends on earnings in the base year) and if he qualifies he may not be eligible, it is hard to be eligible when the job loss is due to attendance BUT it is worth a shot, if the employer has not documented everything and followed their own policy, or if they have a history of making exceptions to their own policies he could be eligible....
acher
 
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Joined: Thu Mar 31, 2011 4:15 pm


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