• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Sick and Tired

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Justin J

Junior Member
What is the name of your state? NJ

--------------------------------------------------------------------------------

What is the name of your state? NJ

A very close relative of mine has run into a problem at his place of employment. He has currently been employed at this employer for 32 years and is nearing retirement, though he does not meet the age requirements, he does meet the time requirement for his pension. Recently he had to take numerous sick days off because of illness, he called out every day legitimately to call for a sick day. He was out a total of almost 4 to 5 days sick in a row and had furnished a doctors note as well for his illness. This ilness included a high blood pressure, and fatigue and symtoms of an internal infection.

Upon returning to work after the fifth sick day he was suspended by his employer, despite them asking for a doctors note which he furnished. He then contacted his union shop steward and he immediately he took action to try to retore his suspended posititon. Unfortunately the union tends to solve the problems but can be weak in certiain matters. These matters can be solved by the union but managment at his employer can target the employees because the employee used the union to get his hob reinstated.

This relative is affaid that once he is reinstated that management is going to further harass him for his absence. The union is very certain that he will retain his job and should be reindtated very soon.

My question here is, does this relative have a legitimate case to go after his emploer for lost wages and or harrasment? It seems to me he used his sick days legitmately and called in for sick day evey day to avoid job abandonment. He has an excellent attendance record and 32 years on the job. His high blood pressure and other symtoms will only increase if he goes back to work to endure constant harrasment from management.

Can there be somthing that he can do to recieve compensation for his harrasment and lost wages? Did the employer act appropriately here, or did they cross a legal boundary?

--------------------------------------------------------------------------------
Last edited by Justin J : Today at 12:17 AM.
 


ecmst12

Senior Member
Compensation, no. But if the employer is covered by FMLA (at least 50 employees working within a 75 mile radius), then he will have job protection under that. He will need to apply for intermittent FMLA since his conditions aren't requiring him to take an extended period of leave. He should have done this before he got fired, but I believe that employers have a responsibility to advise employees that their requests for time off may fall under FMLA and they did not. If he gets reinstated, he DEFINITELY needs to make his request for intermittent FMLA official and then he will be protected from retaliation by his employer.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top