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.
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.
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