Wrongful Termination?

What is the name of your state (only U.S. law)? Louisiana

My husband (34 years old) was an Electrical Foreman for a very reputable company in LA. In 2007, he was diagnosed with cancer. His company was very supportive while he went through Chemo, Radiation, a 17-hour surgery in January 07 and an additional surgery in May 07. The first surgery involved a hemi-pelvectomy, removal of the Adductor Longus and Adductor Magnus, and replacing the "empty space" in his left leg where these muscles and the softball sized tumor were with an abdominal muscle flap. His team of docs in TX say that he will remain "disabled" and may not improve much more. His company told him they had a part time position for him for as long as he wanted it. There were a few staff changes and someone was promoted to the Human Resources Director who seems to have a personal "vendetta" for my husband. Last Monday, he was told that until he could return as a full-time employee that they didn't "have anything for him." Yesterday, he received what he guesses is a final paycheck for the 10 hours he worked last week and his remaining vacation/holiday pay. They never told him he was terminated, just that they needed him full-time. I guess my question is, "Can they do this?" Seems like a little bit of a double standard to say one thing and do another. Please advise on this situation. We can use all the help we can get.What is the name of your state (only U.S. law)?

In total, how much time did your husband miss for reasons related to the cancer? I mean time off for chemo, surgery, days he just didn't feel well enough to go to work, everything. There's a reason I'm asking relating to a specific law.

Time Missed...

He took a leave of absence beginning June 19, 2007. Chemo was July - November and radiation was in December (2007). His first surgery was in January (2008). It was during his recovery from this surgery that he was asked to work part time in the safety department. He worked for a week or two (9 hours a week) in April and found out he had to have more surgery on his lungs to remove some metastatic lesions. He stopped working then and had a bilateral lung wedge resection in May (2008). His company told him that he could come back, as soon as he was able, to his part time position. He returned to work around the beginning of October and was working 9 hours a week again. This worked for several weeks and then the Human Resources director asked him if there as any possibility that he could get the docs at M.D. Anderson to allow him to work more hours a week. He received approval for two 10 hour days. Then the Safety Director kept pushing him to work more hours and my husband told them that the two full days a week that he did work was almost too much, but he continued working. Week before last the safety department sent my husband to a school that would enable him to teach safety classes--this was a forty hour class and he attended the entire class (4-10 hour days). Since then, his back has been hurting so bad that the doctors decided he needed to have some more Physical Therapy, see a Chiropractor and have at least one Epidural Steroid Injection. He informed his supervisor (safety director) that he would need to take more time off to lessen the pain in his back. He was told it wouldn't be a problem. A week later, he went to his company to speak with a friend. The safety director/human resources director saw him and called him to his office. He was told that he no longer worked for the safety department, but that as soon as he could work full-time he always would have a position with the company. Three days later he received a check in the mail for 10 hours + all accrued vacation and holiday pay. He called the payroll clerk and was told that he had been terminated.

Sorry, it's early and I haven't had my coffee yet, so forgive me if I'm getting this wrong. I'm not trying to be snarky, honest.

What I'm reading is that from June of 07, he's only worked a few weeks and those weeks he's only worked a couple of days each week. Do I have it right? If I'm wrong, please clarify, because this is important to what, if any, recourse he has.

Time Off for Treatment

Yes, that is correct. He is totally disabled and receiving social security disability benefits. He also was receiving Long Term disability benefits through his employer. They called him and offered him this part time position in August or September. He worked for a few months for 20 hours a week because that is all his doctors would release him for. Let me know if you need more info.

If that is the case, then the employer was legally within their rights to term him. No matter how legitimate the medical reason, the longest an employer is required to hold a job for an employee is 12 weeks. That would have been used in 2007, and if he only worked 20 hours a week for a few months, that's not going to be long enough to qualify him for a second 12 weeks in 2008. The law has to balance the rights of employees with the rights of employers to keep business in operation, and that's where the line got drawn. No matter what the circumstances, the employer is not required to wait indefinitely for an employee to be able to return to full time work.

I'm sorry I can't give you the answer you want, and I hope your husband is doing well.