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Boss sending mixed messages on health issues

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Lisa Stawicki

Junior Member
What is the name of your state? Florida
11/6 My husband started a new job as a sales rep for a large territiry in South Florida, this is a salary position with no sick leave limits (you are paid no matter what). He did a week of training locally (he has not been paid for the first week of training) then on 11/12 he was off to Chicago for a week training at the home office. Sat 11/11 he woke up with a bad pain in his foot. He did not seek medical advice because of the training he was set to do (did not want to jepordize his job). While out there he attended each day of training while in horrible pain. 11/16 in the early AM he took a cab to the ER where he was diagnosed w/Cellulitis a potentially deadly infection. He was prescribed 2 antibiotics and told to take it easy & follow up w/ his regular doctor when he gets back home. He continued training as if nothing was wrong again in fear of loosing his job. When he returned home 11/17 he was not improving. He continued getting new symptoms. 11/19 he returned to the ER and was given 2 options, check in for IV antibiotics or a new (super) antibiotic which he chose to prevent from being checked in the hospital because again he was in fear of loosing his job. He was to follow up w/infectious disease or his regular doctor on Monday. He advised his direct boss at this time and was treated with concern and told to do what needed to be done and report back to him. The next appointment availible at the infectious disease practice was a week away so he went to his regular doctor. He agreed with the diagnosis and monitored him over the next week, he was told to take it easy & inform the doctor of any worsening. He did get worse and had phone consultations with him several times that week. He worked at home preparing sells material and went in for a re-set at a stor 11/22 against his judgment because he was in fear of loosing his job. He made regular reports to his boss on his situation. he was back at the regular doctor 11/27 expressing his concern about the pain and he was finishing his antibiotics on the next day and thought he was in serious trouble because he was not recovering. The doctor ordered a bone scan, the next avaiable appointment for this was 11/30. He was also sent to an infectiouse disease specialist, the next available appointment was 12/4. He receive his first pay check for 2 weeks of work, it was missing his first weeks pay (he did not complain because of all that was going on). The owner of the company got involved at this point and requested all contact to be between him or HR and to no longer speak about this to his immediate boss. He expressed concern and asked him to call on his clients at home & keep him informed. 12/4 at his appointment his results came back positive for a bone infection which is life threatening. He was then sent for and MRI to confirm results. The next MRI was available 12/7. The specialist would not see him again until the results wer back and the next appointment avaiable for the specialist was 12/13. He called on his clients from home and studied material and took company quizes on the material at home. His results from the MRI were negative for the bone infection but did show swelling & irritation in the area. The specialist asked him to take anti inflamitory's for 4 days and to stay off of his foot. He was to return to wor on 12/18. The owner of the company is now saying the previouse doctor notes and ER diagnosis's are (crap) and he wants detailed documentation on the aspects of this situation an letterhead from each doctor who treated him. He is suggesting that my husband is not being upfront with details and made a statement asking the doctors to explain why it took a month to diagnose this. He made a written statement that he could get MRI results from his doctor in a matter of hours. He has been given 2 days to provide this detailed documentation. He did not put the or else you are fired in writing but he verbally told my husbands boss that if he did not provide this he was fired. His boss has told him this in confidence. He was told to take care of himself, work from home and keep them informed. He has given them copies of every report and note the doctors have given. Can he be fired for this situation? The company is out of Chicago but we are in Florida what laws apply? Is there any recourse if he is fired? Isn't personal health issues confidential? What can my husband do to protect his position that he is planning on returning to at full capacity this Monday 12/18? Does he need an attorney?What is the name of your state?
 
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moburkes

Senior Member
Edit your post. Use paragraphs. Use lots of white spaces between paragraphs. Include only relevant information. You will receive many helpful responses.
 

janimal

Member
If your husband needs to take time off for a medical condition, the company is under no obligation to keep him as an employee. He is not protected under FMLA (where an employee's job is held for them during their absence.) It would be perfectly legal for the company to terminate your husband for these absences, despite his medical documentation.

It sounds like the company is pretty cool about him taking the time he needs to take care of his situation, but are questioning the legitimacy of his issues. From your post though, it sounds like if your husband is able to reassure his superiors that this time has been missed for a medical condition beyond his control, that they will excuse his absences. But even if they don't, it would not be illegal.

If I were in your shoes, i would give them the information they request, along with a firm commitment from your husband that he is committed to the work and these absences are unusual, and he will make every effort to schedule any further treatment to not interfere with work, and then keep your fingers crossed.
 

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