husband terminated

[momfedup]

What is the name of your state? Arkansas

my husband worked for a reputable company, on July 2005 he had emergency heart surgery.He went on medical leave then returned to work for about 3 weeks.He then was put in ICU for 12 days .On Sept.2005 he had brain surgery. He used up all medical leave and vacation time. Today they fired him by phone. Can they do that?

 

[katrinagardener]

I am sorry to read this!

What is the name of your state? Arkansas

my husband worked for a reputable company, on July 2005 he had emergency heart surgery.He went on medical leave then returned to work for about 3 weeks.He then was put in ICU for 12 days .On Sept.2005 he had brain surgery. He used up all medical leave and vacation time. Today they fired him by phone. Can they do that?

Was your husband an "at will employee? If so they can do that. Unfortunately the USA has archaic laws that seem to favor the employer!

How is your husband doing physically? Surely his termination from his job is not helping him physically or psychologically which in turn affects his whole being.

I wish you both the best of luck, and of course you will get all kinds of replies from this board. It also seems that the USA don't give a rat's behind about the many plights of employees in the USA workforce. These archaic laws need to change.

Good-luck to you and your husband and family!

Here is a web-site that may be useful..

http://www.workrights.org/issue_discharge/wd_legislative_brief.html

 

[mlane58]

Was he on FMLA during his time out? If he was and exhausted his 12 weeks, then he is no longer afforded protection under the law and Yes his employer can terminate his employment since he is no longer protected.

 

[pattytx]

Katrina, you don't know what you're talking about. If the company was not required to provide FMLA, or the employee was ineligible because he had not been there long enough, or had not worked enough hours in the last year, or had taken FMLA time in the past 12 months that (with the current absence) resulted in 12 weeks of protected time off in that 12-month period, then the employer may terminate the employee legally.

 

[katrinagardener]

I completely understand that Patty

Katrina, you don't know what you're talking about. If the company was not required to provide FMLA, or the employee was ineligible because he had not been there long enough, or had not worked enough hours in the last year, or had taken FMLA time in the past 12 months that (with the current absence) resulted in 12 weeks of protected time off in that 12-month period, then the employer may terminate the employee legally.

Patty,

Thank-you so much for your harsh comments.

I was just offering my sincere sympathy to these folks. I know all about FMLA. Received FMLA from my employer when I did not qualify for it, and before I understood it.

Are Employer's of the USA so uncaring?

 

[mlane58]

Katrina---If you don't like the U.S. and the laws that govern employement, then go else where.

The laws have to favor both the business and the employee, not all for the employee.

We have more than enough dirtbags trying to screw the system and creating a bad enviroment for those employees that want jobs and make a true effort at them.

As for you---all you do is spew crap to people because you feel you got screwed. Well what goes around, comes around.

Oh yea--Patty wasn't harsh at all---seems you like being told you don't know what you are talking about and she is right--you don't

 

[Gadfly]

There's a more basic issue here

Employers often hide behind the law when they have lost their moral compass. There was a time in America when in a case like this a "reputiable company" would have kept the employee on and taken care of his family. Period.

Now it's all about profits.

I am sorry this happened. And to all you who know man's law inside and out remember two things. First, just because it's legal does not make it right. Second, and most important, there IS a higher law and in the end it always wins.

To the poster, I lost my job (but not my health) a few years back and it was the best thing that ever happened to me.

 

[katrinagardener]

Thank-you mlane

Katrina---If you don't like the U.S. and the laws that govern employement, then go else where.

The laws have to favor both the business and the employee, not all for the employee.

We have more than enough dirtbags trying to screw the system and creating a bad enviroment for those employees that want jobs and make a true effort at them.

As for you---all you do is spew crap to people because you feel you got screwed. Well what goes around, comes around.

Oh yea--Patty wasn't harsh at all---seems you like being told you don't know what you are talking about and she is right--you don't

Thank-you for your harsh comments also.
Yes, I got screwed! Thank-you for reminding me. Thanks for all your assistance not only to me, but to the original poster and their family.

But, I will just consider it another HR comment. Not a legal comment by any means. What exactly is the definition of "Human Resource?"


And how am I to determine your statement, "Well what goes around, comes around." Sounds threatening to me. Shall I be afraid? Or shall I be very afraid?

Again....To the original poster, I am so sorry to read about your situation.

I am not a lawyer, do not proclaim to be one. I am a Nurse!

 

[Beth3]

Gadfly, it can also be about the law. Employers regularly come across situations where making exceptions for an employee to the employer's policy or the minimum requirements of the law has the potential to create legal exposure for them. It's a real and very valid concern.

 

[katrinagardener]

Thank-you Gadfly!

Employers often hide behind the law when they have lost their moral compass. There was a time in America when in a case like this a "reputiable company" would have kept the employee on and taken care of his family. Period.

Now it's all about profits.

I am sorry this happened. And to all you who know man's law inside and out remember two things. First, just because it's legal does not make it right. Second, and most important, there IS a higher law and in the end it always wins.

To the poster, I lost my job (but not my health) a few years back and it was the best thing that ever happened to me.

Thank-you Gadfly for your very fine eloquent words.

 

[BelizeBreeze]

Katrina is not an attorney. She is a nurse who came to this forum looking for an answer that was not legally available to her. When she did not receive the answer she WANTED to hear, she turned her attention to bashing the United States, it's laws and those on this forum who offered legitimate advice based on those laws.

If you feel the need to take legal advice from a disgruntled employee with no comprehension of the law, it's application or how it may affect you, then you will receive no further answers from qualified attorneys or professionals who offer their advice free of hidden agendas.

It's your choice.

 

[katrinagardener]

thank-you Belize

Katrina is not an attorney. She is a nurse who came to this forum looking for an answer that was not legally available to her. When she did not receive the answer she WANTED to hear, she turned her attention to bashing the United States, it's laws and those on this forum who offered legitimate advice based on those laws.

If you feel the need to take legal advice from a disgruntled employee with no comprehension of the law, it's application or how it may affect you, then you will receive no further answers from qualified attorneys or professionals who offer their advice free of hidden agendas.

It's your choice.

You are absolutely correct BelizeBreeze. No doubt about the fact I did come looking for advice. Afterall that is the name of this forum. https://forum.freeadvice.com

And if you look in my posts, I thanked you for your "advice." And that is exactly what it is, "Advice."

If you by chance look at the bottom of this page that this post is on you will read the following......


"FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding."

With that being the objective of this forum, I am simply voicing my opinions to other's who are enduring hardships due to my experiences with unfair labor practices.

Being a Nurse, I perceive the plights of many people that post to this forum in a different manner than you do. That is why many believe nurse's are considered kind and caring.

I admit, I am a Nurse. Nobody on this forum knows for sure what your profession is, as you have never acknowledged what you do outside of posting on this forum.

First of all, I find it so hard to believe that you reply to people in the manner in which you do. If you are in fact an attorney, you really do bring a diservice to your profession in the manner that you talk to people. I frankly am appalled at your level of unprofessionalism, your filthy mouth, your language. I will not elaborate any further, as I know that many people reading this know exactly what I am speaking of. What a diservice to the Legal Profession.