Wrongful Termination?

[im4him]

What is the name of your state?Michigan

I am in need of some advice. My husband's boss just called me and asked me to tell my husband to, "not bother coming back into work". My husband works as a laborer, connecting field drainage tiles. His job requires him to move around from place to place.
For the last 6 months, my husband has had severe headaches. My husband was referred by his physician to get physical therapy, however, his boss said that if he did this during work hours (or needed to leave work early for therapy), that he wouldn't have a job. So, my husband did not get physical therapy. Today, my husband is scheduled for a MRI. My husband's boss has had knowledge of this appointment for 3 weeks. Last night, my husband called his boss and asked him if he could take the day off. His reason for this is because the MRI is over an hour away, his work is aprox. 45 minutes to the job site, and the appointment was set for 12:15p.m. My husband gets very dirty at work and would not be able to go to his appointment without coming home first and showering. My husband's boss told my husband to come into work, help move equipment to a different job site, and then he could go. My husband went into work this morning and did this. Once he was there, the foreman told my husband to start laying tile. My husband said that he had to go, and left. Before my husband even got home, his boss called me and asked me to tell my husband to not bother coming back into work. Some other facts. . .
My husband has been late to 2 of his other medical appointments because the boss was not willing to let him off in time. Aprox. 4 months ago, my husband was, "fired" because he did not go in on a Saturday. He had just started working for this company again and did not know that it was required. (The year before when he worked there, Saturday's were optional) - This also happened immediately after my husband told the boss that he had an interview with UPS. And, last week. . . my husband and his boss were working together, along with a couple of other companies. My husband's boss made the remark, "You mess up like that and we wont be renewing your green card!". (My husband is Puerto Rican) Can anything be done??? Please, any advise would be greatly appreciated.
Thank You.

 

[cbg]

1.) How long has your husband worked for this employer?
2.) How many employers does the employer have within 75 miles of this location?
3.) In the last 12 months, did your husband work a minimum of 1,250 hours?
4.) What is the total amount of time that your husband missed (doctor's appointments, sick days, etc.) for this condition in the last 12 months?

 

[im4him]

My husband first went to work for this company in March of 2003.
He worked from March until August of 2003. In 2004 he went back to work for them for the months of November and December. And in 2005, he has worked there since March. He has missed aprox. 25 hours of work, he has scheduled most of his appointments as late in the day as possible.
There are seven employees, and my husband has worked aprox. 1120 hours, give or take.

 

[cbg]

Unfortunately, in order to qualify for protected time off, ALL of the following must be true:

1.) The employee must have worked for the employer for 12 months or more
2.) The employee must have worked for the employer for no less than 1,250 hours in the last 12 months
3.) The employer must have a minimum of 50 employees within a 75 mile radius of the employees' location
4.) The employee must have a serious health condition as defined under the FMLA statute.

While it is probable that the fourth requirement has been met and possible, depending on whether he began or ended work in the beginning or end of the month, that the first requirement has been met, the second and third have not, and it takes all of them. With seven employees, the employer is not required to provide any medical leave at all.

In addition, even though in other circumstances he might have some recourse under the ADA, it applies only to employers of 15 or more employees.

About the only thing I can suggest is that he contact the Michigan Department of Civil rights and see if he has any recourse under state laws; discrimination laws at the state level in Michigan begin at one employee. However, I can't encourage you to hope too hard; contrary to what many people believe, the law does not:

1.) Require an employer to forgive all medically related absences
2.) Prohibit an employer from firing an employee who is under a doctor's care
3.) Prohibit an employer from firing an employee due to excessive absences, regardless of whether they are for medical reasons or not

The ONLY case your husband might possibly have is if there is some evidence that his employer violated state discrimination laws by firing him, and on what you have posted I think that is unlikely. With only seven employees, it is not outside the realm of possibility that your husband's absences caused an "undue hardship" on the employer and they are not required to allow that.

 

[im4him]

Thank you for your time. God Bless.