Hubby lost his job (Is this legal?)

[Tadbit]

My husband has lupus. He was off work for a week because of his illness, so he got a note from the Doctor to take back to his boss when he went back today. Every day we called his boss, he acted like there was no problem. Well then my sister calls me today and I find out from her that my husband was fired. I didn't even get to hear it from him first. First off, I didn't think you could get fired if you had a Dr.'s note when you returned to work. My husband was a good worker, he knew his job well, but his boss was a total jerk and harrassed him, most days when he was at work, which is why my husband's Lupus got worse, from the stress. Does anyone know enough about labor laws, to tell me if he, (my husband) has a formal complaint or not? This really sucks with Christmas just a couple of weeks away. It was bad enough that he missed a week of work which put us behind, but no job at all???!!!! I'm not that concerned about Christmas gifts as I was fortunate to get some help, but it's going to be hard to pay bills with no income coming in at all. THIS JUST SUCKS!!!!! Thanks for letting me vent, now I am going to go have a good cry. :(

[DivineMsDi]

I suggest you call the board of labor in your county or state. Someone can advise you. Every county or state may be different.

What a lousy time of year to lose a job, and because he is ILL! :(

I hope something better comes along for him.

[Kiddle4]

Contact your local labor board and your local bar association to get in contact with an attornry that specializes in employment law. Sorry for your situation. You should also know that most cases like this don't have positive outcomes. It's very hard to sue a company for illegal termination. They always say it's for a perfectly legal reason.

[Willow]

I'm sorry to hear that. I didn't think you could get fired if you had a doctors note either. Will he be able to apply for unemployment? I know that isn't something that would help right now as I think it usually takes a couple of weeks to get that started, but it might be something he will be eligible for.

[cinnamonch]

Do you live in an "At will State"? If so, you can be fired and no reason has to be given.

[Eyore]

Most states are At Will States. Kansas is one. Here are some links that may help you find the info your after. These are for Kansas I believe that is where your at.

http://www.kclabor.org/know_your_rights1.htm

http://www.kclabor.org/law.htm

[Alura]

Cinnomonch is right. "At Will" States can terminate employees without reason. However, that said, your husband needs to look into FMLA. Under Family Medical Leave Act, and employee is entitled to the equivalent of 12 weeks off of work in a 12 month period. During that12 weeks, their job is protected. He should contact the DOL. In addition, employers are required to supply "reasonable accommodation" to people with disabilities. Time off sometime MAY be considered a reasonable accommodation. He may be able to file a complaint with the EEO regarding disability. The downside is that even in an attempt to prove any of the above, you will most likely have to hire an attorney which will cost big bucks.
Good luck

[jedmatters]

In order to us ethe family leave act, the company must meet certain standards. Not all businesses have to honor the Family Leave Act.
And you must state PRIOR to using it, that you wish to use it.

And, yes, he can be let go if the workplace is unable to work with his illness. Or if the workplace may affect the illness.

[Kelsey1224]

Well...there are federal laws which prohibit discrimination due to a variety of reasons...medical conditions being one of them.

Contact the labor board in your state.

Plus...there shouldn't be NO income coming in. Your husband should file a claim for unemployment benefits.

[Tadbit]

Thanks for all your suggestions and help. My husband is elligible for unemployment, but he will probably look for another job while checking into that. Yes we live in Kansas, so I guess we are just out of luck. His boss is such a low life jerk. I could just scream, but I believe in Karma so he will get his in the long run. My husband doesn't even know that I know yet. He hasn't been home since he went into work. He's probably afraid to come home because I was so upset last night about us getting behind. He doesn't need any added stress with his Lupus flairing up. I just wish he would call me or come home so we could plan our next step of action. :( I could go to work if need be. We are trying to raise my two grandkids along with my 16 year old daughter, and I doubt I could get a job that pays what he was making, but I am so busy everyday hauling everyone to school and back (3 different schools stretching across town) so someone needs to be home to do that. Oh I'm just making myself sick thinking about what's going to happen. Please just pray for us. I'd sure appreciate any and all prayers. TIA

[Alura]

Jedmatters, it is the employer who must state in advance that it is FMLA so that them employee can't come back from an extended illness and then ask for 12 weeks of FMLA on top of it. In addition, The courts are re-examining that rule and have actually reversed their decisions on it a couple of times.

But you are correct, there are certain criteria that must be met. Employee must have worked a minimum 0f 1250 hours in the past 12 months and must have more than a certain number of employees...the number escapes me right now, however.

[Linus1223]

Is lupus considered a disability? If so, he might have grounds to file for discrimination on the basis of disability.

[Tadbit]

Well my husband came home. He told me what happened. His boss said he thought my Dh was out looking for a job while he was off and that is why he wanted to let him go. Can you believe that? We have called him every day my husband was off work, and he knew of my Dh's condition when he hired him. Plus Dh wrote him a letter explaining what was going on and I dropped it off, not to mention he gave his boss a note from his Dr. That's just the kind of jerk he is. He told Mike Dh "it looks like you lost some weight." My dh said "yeah?", "I've been sick". My husband has lost over 20 pounds in one month, which is another thing his Dr. was worried about. Anyway, I read all I could about what rights my husband has, which are none since his employer also had less than 50 people working for him, but on the upside, my dh went to the unemployment office and found out he won't have to wait the long 7 weeks or so it takes to get unemployment benfits, since he was fired for a medical reason. He also has an interview tomorrow for another job, so prayers that he gets it or something soon. I'll keep you updated if he gets one. Thanks for all your support. You guys are he greatest for listening.

[katzenberg]

i hope it works out for you and your husband my mom has lupus and i know how bad the illness from it can be .i believe what gose around comes around so his boss has got it coming to him.

[andreame70]

I hope that everything goes well for you. This is a terrible time to have to go through it. I have a close friend that suffers from Lupus. It began to affect her ability to work because she felt so bad all the time. I helped her fill out her social security disability paperwork and we gave extensive comments about how she felt each day and what she went through on a regular basis with it. It was super extensive and time consuming, but she was approved on her first attempt to file. It has eliminated all of her stress by allowing her to focus on her health and not worry about her job.

Andrea

[catdance]

AARRRUGGH!!! I feel for you here..here I go, given what I have read..I guess I would really need to know HOW long the Hubby was employed there, the very fact a sort of "ISSUE" was ever presented on a thought of "looking for a new job or a WEIGHT LOSS"..raises eyes..majorly, if he did produce a Dr., note and you did follow through with said phone calls to the employer, this is the very FACT of why his UNEMPLOYMENT can't be challeged, what I would do is talk to the LABOR BOARD, but this situation, does pose more than that, I am sure, in Minnesota, if you have a Dr. note, you can NOT be removed from your position, no matter what, they HAVE to take you back, and in a few days COME UP WITH SOMETHING for the EXACT reason and findings for termination, you CANNOT be terminated, with a Dr., validated documentation, this is against the law,(this is the scary word for EMPOYER'S.."LAW SUIT") as I agree with all writer's, you are HIRED AT WILL, this case, is NOT really clearly true.
Ok, I am thinking too much..ask for a copy of his termination papers...dying to see what they put in his file,( the EXACT REASON) this has to be asked for in writing, get it..and see just what the reason was..you may have a case, they might BE FORCED to give back his job..really this does happen..uncomfortable, but does happen.
If you have a physical issue and can be defined by a Dr., you really have a case of discrimination, really, and at UNEMPLOYMENT they have attorneys you can call to see if I MIGHT be right..but did he claim this at the point of HIRE, this might be an issue, but with a Dr., verfication, cancels it out..
I wanna know what happened!! Or what will..and insurance, did he have any?? 401(k)..LMK!!!!
Forgive my TYPO'S..

[justinenycole26]

I hope that everything goes well for you. This is a terrible time to have to go through it. I have a close friend that suffers from Lupus. It began to affect her ability to work because she felt so bad all the time. I helped her fill out her social security disability paperwork and we gave extensive comments about how she felt each day and what she went through on a regular basis with it. It was super extensive and time consuming, but she was approved on her first attempt to file. It has eliminated all of her stress by allowing her to focus on her health and not worry about her job.

Andrea

I also have a friend who is on disability due to Lupus. Look into it, all they can say is no right?
Also, call the Labor Board and see what they say. Even if they cannot help you, you will feel better knowing.

My prayers will be with your family.

[Tadbit]

Catdance, my husband has had Lupus for over 3 years. His boss knew this when he hired him. My husband and his boss, had a verbal agreement, that he would be seeing his Dr. on a regular basis due to this. His boss hired him knowing this and even made Dh the lead mechanic because of his skills. This is the first time my dh has been off work like this since he has had lupus. It was brought on by the constant harassment of his boss, who by the way is a known alcholic. If his boss is having a bad day, he takes it out on everyone. He has gone through so many mechanics because of it. Most of them would walk out on him, but my husband tried to deal with it because he needed a job. His boss would call him hateful names and try to degrade him as much as he could. He is just a mean man, especially when he can't have his alcohol. My husband and all the other mechanics had to take a cut in pay just a few weeks ago. In my Dh case, it was $70 a week cut, which hurt, but he stayed and we managed. This was like the straw that broke the camel's back. I know now, there is nothing legally, we can do about this because his boss has less than 50 employees, and we are in an At Will state, but it doesn't soften the blow any. Like I said, since my dh was fired for a medical reason, they told him at the Unemployment office, he wouldn't have to wait to get his unemployment check, which is a blessing. He also has an interview today and my oldest daughter sent him an email about another good paying job that is here in town, so we will wait and pray that he gets something. In the meantime, I had bought a package of hamburger, which I thought would make 2 or 3 meals but after I took it out of my fridge to re-package it, it seemed to have gotten bigger and I was able to split it into 5 meals, and I found some chicken in my freezer I didn't know I had, so we should be good for about a week on dinners. Plus my sister sent my husband home with 3 bags of food items. She is always watching out for me. She's a great older sister. Anyway, I know God takes care of his chidren, so I think you all again for your prayers and support. It might be rough going for a while, but I know we will get through this.
Oh also my husband has applied for disability but was denied because of his income. It's a catch 22.

[FreeBnutt]

Sorry to hear about hubby, but I suggest do like most said to seek legal council. Hopefully they will be up todate with how the federal law has changed in the last couple months.

[Kiddle4]

I don't understand why he was denied diability (SSDI) because of his income. This doesn't make any sense. Did he apply through the Social Security office?

[Tadbit]

I don't understand why he was denied diability (SSDI) because of his income. This doesn't make any sense. Did he apply through the Social Security office?
They denied him because they said he made too much money. He would have had to quit his job at the time he applied, which would have hurt us a lot, but since he has no job now anyway, he can probably re-apply and get it. He will definitely look into it, if he doesn't find another job soon. We are raising a 16 yeard daughter and our two grandkids, so I'm not sure we could live on disabilty alone. If he is on disbality, he can not get his unemployment. You have to be actively looking for a job and capable of working to get unemployment here in Kansas. I would go to work myself, if it were possible, but I take kids to three different schools every day, at three different time of the day. Then I also have appointments several times a week for the kid's therapy, (Don't ask) It's a crazy life I know, LOL, but I wanted to explain why I'm not working in case this has crossed anyone's mind. I really appreciate everyone's feedback and information. It has helped me to figure out what our next course of action to take. Hopefully he can get another job and put this all behind him, at least that's what we are praying for, but if not, we will do what we have to, to get by. If nothing else, I can go to work and he can do all the running I do all week, and get his disabilty. I just don't know if he is up to it. God hasn't failed us yet and I know he won't now. I guess when I put my first post in, I was just overwhelmed and scared, not knowing what to do, and then it happening this time of year doesn't help. I know we will survive and I appreciate you all so much for just taking a few minutes out of your day to respond. It has given me so much encouragement. Thanks again.

[keen9801]

I haven't read any previous post so i apologize if i am repeating anything anyone has already said but

In Illinois there are no laws against hiring and firing as long as its no discreminating color, race, ethic, religious, disablitlity (reported to ssa)
I worked for a hospital when i was 16 years old in the cafeteria well one of their metal plate dispensers fell on my foot, it was swollen and hurting me so bad they sent me down to the er, well the er doc said i had a stress break adn severe buising and that i couldn't work for 3 days and after that i should do light work. Well I was fired for it cause they said they needed someone there to get the work done, i called the labor board and they told me there was nothing they could do for me cause of the no laws for hiring and firing except for the above.

I would advise you calling ur labor board tho jus in case your states laws are different!

Good luck to you hun!!

[Kelsey1224]

Now that makes sense. Disability is payment for those who cannot work. That's the purpose of it. It is not intended to subsidize those who are able to work. To be disabled, by definition, means to be incapacitated in such a manner than you are unable to work.

While you husband has a chronic illness (as do I), it does not prevent him for working. Therefore...he is NOT disabled.

[Tadbit]

Now that makes sense. Disability is payment for those who cannot work. That's the purpose of it. It is not intended to subsidize those who are able to work. To be disabled, by definition, means to be incapacitated in such a manner than you are unable to work.

While you husband has a chronic illness (as do I), it does not prevent him for working. Therefore...he is NOT disabled.
Kelsey, maybe you don't know how depilating Lupus can be. Yeah, my husband works because we have mouths to feed, but he gets so sick sometimes he has to miss work because of it, making him actually disabled, since most employers don't hire someone who can't work on a full time basis. He wasn't trying to get disability to subsidize his income. If he was getting disabilty, he wouldn't be working, which is what he was trying to do. As it turned out, he found out we wouldn't be able to take care of our family unless he worked, so he figured it was better to suffer with his illness than to quit and go on disablity. I KNOW what disabilty is for, and your comment was made without knowing his situation, but I'll forgive you for it. :)

[Kelsey1224]

I'm sorry if I offended and I do know how debilitating lupus can be as I have two close friends with the disease. One works and the other is considered permanently disabled...but she also has reumatoid arthritis AND fibroid myalgia...on top of the lupus. I know that many people do qualify for disability income because of their lupus.

My husband works for Social Security and tells me about this type of problem all the time. It is a catch 22 situation. How do you support your family if you are not working...but you can't qualify for disability until you are unable to work. The fact that your husband drags himself to work when he is so ill is a tribute to his character.

But, as long as he is able to drag himself to any job...he will NEVER qualify for disability and...by definition...is not disabled.

You and I may disagree with the Social Security Administration with what being disabled means, but our opinions are irrelevent.

My point was that I hadn't understood why he didn't qualify for SDI, but when you explained that he was still working...then that clarified his situation for me.

I'm sorry your family has to go through this.

[Tadbit]

Kelsey, I'm not offended. I just thought maybe you didn't know how Lupus could affect a person's life, but apparently you do. My husband also has arthritis and fibro, but he deals with all of it with lots of medication, which is also an issue his boss had. His boss is a known alcoholic so he really doesn't have any room to judge anyone else, especailly in my dh's case. Don't worry no offense taken. and thank you for your kind words. :)

[catdance]

As Kelsey has written, and I caution all of the reader's and interest in this, one should NEVER make a VERBAL anything about ANYTHING..given a job or a loan from anyone, WRITING, kids, is key..in the case posed, here it is a VERBAL was made and given the response, written by the poster, and I can't back page, no offense, since the mere fact UNEMPLOYMENT will NOT be challenged, this employer has a TAX NUMBER, so this can never rule out the term's of the termination, if he is paying taxes, he has to answer..period.
I still am curious to see what the termination papers said, EXACTLY..a Dr.'s paperwork will OVER RULE, so you see, he could be returned to work, this was UN LAWFUL..actually this cancel's out any VERBAL..
And sametime, if you feel that the hubby is ok, not working for a freaky DRUNK, better off, but his right's have been violated..the termination proves this, this without seeing the exact paperwork, but if you agree that he can manage waiting for his Un Employment, good for you, and if he feel's he can get employed, this I remind you, get his Medical Condition, stated, this is often seen on any appilcation.."medical conditions"..if in fact he get's denied because of an illness, this is "CAKE" on a case you may or may not see to pursue..
the idea of "Employed at WILL", doesn't factor here..
But I see you have made it on FOOD, that is good..so you are gonna be ok, that way..
The answer to your question..NO, it wasn't legal..not by a LONG shot.
But, the Employer is gonna pay that UN EMPLOYMENT, and as another poster wrote about his illness, this a DOUBLE EDGED SWORD, but his case RAISES EYE BROWS..all over.
If you chose to pursue it..you might find in a "SUING WORLD", your case, may just win, with real reasons..