To make a long story short, my husband was hospitalized on the August 6th of with end stage renal failure. He hadn't been sick or anything and then Bam, kindneys were shot. He was in the hospital for 11 days and when he got out, he tried to go back to work.

He was employed at a TV station here in Colorado Springs. (A large corporation with lots of employees) and when he told them about this, they had him sign some medical leave forms and told him he needed a doctors note. He got the note, they said it wasn't adequate, he got another note...Anyhow...after almost two weeks of them giving him a run around and redirecting him within the company, he finally got an answer today, they fired him.

He is on permenant dialysis until his kindney transplant, but he can work his dialysis schedule around work. The employer told him that he needed to work the hours they hired him for and since he couldn't, they told him they'd have to let him go. He calmly explained that he indeed COULD work those hours and they followed up with "well, you need to worry about your health", and we hired you for this specific schedule (which he can work...so???)

Do you know if we might be able to have legal recourse in such a circumstance? Is this what the disability act is? End stage renal failure is considered a disability according to the research I've been doing.

It's possible. There are a lot of variables to it but unless it would cause an undue hardship to the employer to have him working anything but the hours he was hired for, I wouldn't be surprised if he had some recourse.

He needs to talk to an employment attorney and/or the EEOC.

Thank you for your reply!!!

I guess the problem is that he can work the hours he was initially hired for. The employer was using the hours as an excuse to terminate him, and when my husband explained he could work the original hours, the employer brought up the "its better for your health" excuse. I really believe they just wanted him out of there.

What is an EEOC?

Equal Employment Opportunity Commission

If he can work the hours originally hired for, that helps him and hurts the employer. By all means have him talk to an attorney.

Did the time he was out sick qualify under the Family and Medical Leave Act? (It allows an employee to take up to 12 weeks of unpd. job protected leave per 12 mo. period.)
Had he worked for the employer for at least 12 months (do not have to be consecutive)?
Had he worked at least 1,250 hrs. for the employer in the 12 mos. immediately preceding the leave?
Did he work at a location with 50 or more employees within a 75-mile radius? (seems per your post this requirement was met)
Thanks.

Unfortunately I don't think he qualified for the Family Medical Leave Act. He hadn't been with the company for 12 months.

Ok - still have him talk to an attorney for a possible ADA violation.