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Discharged after Emergency Surgery

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Stressed in IL

Junior Member
What is the name of your state (only U.S. law)? Illinois
I had to rush my husband to the ER for an unknown infection, where they performed emergency surgery. He was in the hospital for 5 days, discharged and allowed to return to work. My husband spoke with his boss and they required a release from the doctors to come back and that this medical situation happened at a good time because business was slow. He talked to the doctor and they faxed one detailing his restrictions. His boss called stating that no such notice was received and they cannot allow him to return to work if he has a scar, swollen, and limited mobility, then suggested he go on Unemployment or medical disability and offered to pay his medical insurance. We disagreed and his boss kept insisting that my husband take more time to heal and his appearance is better. When his work received the notice his boss called him immediately and told my husband that he was not allowed to return to work if he was under pain meds, not able to lift and still swollen. She couldn’t allow him to work with clients due to his appearance.

We suggested he could comeback one day to see how he does at work or he could come back a couple hours a day, unwilling to work with him the call ended abruptly. Later he sent her an email stating the date he will return and to email any questions but she does not do emails and wanted him to call her again. She then called him and proceeded to argue with him about his med condition and restrictions and that she cannot allow him to work while all scared up and swollen and on pain meds. She said you’re fried. After applying for unemployed we received a letter stating that his benefits were denied. The reason for discharge was “ Insubordination during phone conversation with employer using profanity after request for his medical release form to return to work.” How can we prove that the real reason they let him go was because they wanted to drop a salary because they have been slow? They are a small company with now 2 full time employees do we have a legal case? Could anyone PLEASE provide some guidance? It would be greatly appreciated.
 
Last edited:


cbg

I'm a Northern Girl
Paragraph structure and white space are your friends.

That huge block of text is almost impossible to read. Can you edit it some?
 

ecmst12

Senior Member
Small company with 2 employees means FMLA does not apply and as such, he has no protection for medical leave.
 
W

Willlyjo

Guest
What is the name of your state (only U.S. law)? Illinois
I had to rush my husband to the ER for an unknown infection, where they performed emergency surgery. He was in the hospital for 5 days, discharged and allowed to return to work. My husband spoke with his boss and they required a release from the doctors to come back and that this medical situation happened at a good time because business was slow. He talked to the doctor and they faxed one detailing his restrictions. His boss called stating that no such notice was received and they cannot allow him to return to work if he has a scar, swollen, and limited mobility, then suggested he go on Unemployment or medical disability and offered to pay his medical insurance. We disagreed and his boss kept insisting that my husband take more time to heal and his appearance is better. When his work received the notice his boss called him immediately and told my husband that he was not allowed to return to work if he was under pain meds, not able to lift and still swollen. She couldn’t allow him to work with clients due to his appearance.

We suggested he could comeback one day to see how he does at work or he could come back a couple hours a day, unwilling to work with him the call ended abruptly. Later he sent her an email stating the date he will return and to email any questions but she does not do emails and wanted him to call her again. She then called him and proceeded to argue with him about his med condition and restrictions and that she cannot allow him to work while all scared up and swollen and on pain meds. She said you’re fried. After applying for unemployed we received a letter stating that his benefits were denied. The reason for discharge was “ Insubordination during phone conversation with employer using profanity after request for his medical release form to return to work.” How can we prove that the real reason they let him go was because they wanted to drop a salary because they have been slow? They are a small company with now 2 full time employees do we have a legal case? Could anyone PLEASE provide some guidance? It would be greatly appreciated.
I don't understand why you had to insist to the employer that your husband could return to work and do the job. It seems to me that he should have gone ahead and taken disability leave and returned after scars and/or swollen limbs have healed. The fact that your husband and this employer argued about his condition did not help the situation so now he is without a job.
 

Stressed in IL

Junior Member
He needed to return to work because he had a release from the doctors that said he could return and that he did not have a disabling condition and that is what his job required of him to return, after they got the release they still did not allow him to go back. So they proceeded to let him go anyway. .:confused:
 

ecmst12

Senior Member
Which they were legally allowed to do, because the only thing that would have prevented it was FMLA, but that does not apply to companies with less then 50 employees within 75 miles.
 

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