- Jurisdiction
- Louisiana
An update on my brother's case. (He was fired after having a stroke but he qualified for FMLA)
He found out that what the agency will do is conduct an investigation and if they find that his rights were violated, they will issue him a right to sue letter. Part of his application asks him what he wants from the employer as a result if their findings are in his favor. So it so seems like maybe they will present his requests and perhaps they will settle without going to court. So here's the question.
What should he ask for? He doesn't want his job back. FMLA if it had been granted would have been unpaid. He did have to go on COBRA so he lost the portion of insurance that they would have been paying. He was granted unemployment so he does have some income, but it barely pays the COBRA premium. They did cause a great deal of emotional stress and financial difficulties waiting for unemployment to come through, but how do you put a dollar figure on that? Then there is the difficulty of finding a job when you aren't 100% healthy.
He found out that what the agency will do is conduct an investigation and if they find that his rights were violated, they will issue him a right to sue letter. Part of his application asks him what he wants from the employer as a result if their findings are in his favor. So it so seems like maybe they will present his requests and perhaps they will settle without going to court. So here's the question.
What should he ask for? He doesn't want his job back. FMLA if it had been granted would have been unpaid. He did have to go on COBRA so he lost the portion of insurance that they would have been paying. He was granted unemployment so he does have some income, but it barely pays the COBRA premium. They did cause a great deal of emotional stress and financial difficulties waiting for unemployment to come through, but how do you put a dollar figure on that? Then there is the difficulty of finding a job when you aren't 100% healthy.