fired

[carenomore]

My husband has been under dr's care for 4+ years for major depression. Approx 2 weeks ago his employer decided to pull him from his job, stick him in another and tell him they would be working 7 days a week until job was finished. Meanwhile his other boss was telling him he was to report back to his other job, he was being torn in two. We had plans to go away for the weekend and he was getting frustrated over the bosses, depressed over the plans being cancelled, round and round. He requested the friday off, which was denied, by Tuesday I was at my wits end trying to keep him a float, on Wednesday I started calling his Dr, shrink and therapist trying to get him in to talk to someone. On Thursday got a hold of the shrink's assistant to be told that she would complete FMLA paperwork and he should stay home until he was able to get into see the doctor on Friday. He did see the doctor on Friday, they talked and Dr felt he needed some time to decompress. He submitted his FMLA paperwork, and got the approval back from the company. Friday night we loaded our RV and decided to go away.. Hubby was scheduled to go back to work this past Monday, he was called at home to come in to the big offices they wanted to talk to him. They started by asking what did he do on Friday, he said he couldn't remember but eventually it came out that they "employers" watched him load stuff in the RV and felt that if he could do that he could be at work. He tried to explaining to them it was not a physical injury but a mental and he needed to get away to relax. They told him they would think about it and let him know the next day if he had a job. He was so distraught that I took him to see his dr, who said that it was a legit FMLA request because of his state of mind. Today they called him in and fired him because of falsifiying company documents. #1 he didn't complete the FMLA paperwork the doctor did and #2 their idea of falsifying the documents was because when they asked him what they did on Friday he didn't tell them he loaded the RV. I want to see an attorney and fight this, from what I've read on the dept of labor the employer doesn't have the right to ask you what you did why on FMLA. Do I have a leg to stand on?

 

[Beth3]

They started by asking what did he do on Friday, he said he couldn't remember but eventually it came out that they "employers" watched him load stuff in the RV and felt that if he could do that he could be at work. That is not the employer's call to make, although if he were off work due to a physical impairment, I'd understand their suspicions. Even so though, under the law the employer cannot "cancel" an employee's FMLA leave just because they think the employee is capable of working.

Today they called him in and fired him because of falsifiying company documents. #1 he didn't complete the FMLA paperwork the doctor did and #2 their idea of falsifying the documents was because when they asked him what they did on Friday he didn't tell them he loaded the RV. I want to see an attorney and fight this, from what I've read on the dept of labor the employer doesn't have the right to ask you what you did why on FMLA. Do I have a leg to stand on? Yes, your husband absolutely has a leg to stand on. I suggest you and your husband consult with an employment law attorney immediately. It appears a major violation of the Family and Medical Leave Act occurred. You should also ask the attorney about any possible ADA (Americans with Disabilities Act) violations too.

Good luck.

 

[carenomore]

To Beth

Beth,

Thank you for your reply. We have been told that we could contact a labor law lawyer but they would ask for 5-10k to start, which being unemployed we of course do not have. We will file with the Labor Board in Indiana. If they would just realize that THEY made a mistake and reinstate him he would gladly return to work, it is all so very frustrating! But it does help to hear from people like yourself who believe this was an injustice!

 

[Beth3]

Your husband needs to file a complaint with the federal Department of Labor for the FMLA violation (not your State labor board.) The phone number of the DOL is 201-693-4650. (www.dol.gov.) The EEOC has jurisdiction over the Americans with Disabilities Act, so you husband should contact them to file an ADA discrimination complaint. (www.eeoc.gov)

You don't need an attorney to do either of those things.

We have been told that we could contact a labor law lawyer but they would ask for 5-10k to start Told by whom? If your husband has a strong enough claim, you may well be able to find an employment law attorney willing to represent him on a contingency basis. I suggest you contact a variety of employment law attorneys in your area and discuss your husband's situation with them.