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Let go under doctors care

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cat_evans

Guest
What is the name of your state? Texas

My husband took off work to have gallbladder surgery? 12 days later he returned to work - on light duty, he would still be under a doctors care for 4 more weeks. On the day of his return he was let go. Let me also add that his company knew he would have to have a second surgery once he was recovered. His position has been replaced - it seems they just didn't want someone on payroll that was going to be off work for a while. Is this illegal? Also, if it matters, the company had filed bankruptcy about a year ago - I don't know if this gives them special privledges or not. Help!!! Now we are unemployed, and unable to work for a while due to surgery recovery time. Are there any rights to protect us? Also, he had worked there a little over 2 years - he was an outside sales rep. The company size - well....big, thousands of employees. Oh! did I add they did this two days before Christmas (and I'm 7 months pregnant) - that doesn't make it illegal, but it does make them jerks!
- Cat
 
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Beth3

Senior Member
1. How long had your husband worked there?
2. How many people are employed by this company?
 
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cat_evans

Guest
To answer beths question

Beth -
he had been there a little over 2 years. The company is very large - thousands of employees nation wide.
 

Beth3

Senior Member
DUH - Sorry. I just saw you had included that information at the end of your original post.

I suggest your husband see an employment law attorney asap. Unless there's more to the story than you have shared (such as cut-backs that would have effected him regardless of his leave), it sure looks like an FMLA (Family and Medical Leave Act) violation to me. Or he can file a complaint directly with the federal Department of Labor. Don't delay much longer - there are statutes of limitations that apply.
 

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