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Discharged after Emergency Surgery Illinois

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  • Discharged after Emergency Surgery Illinois

    I had to rush my husband to the ER for an unknown infection, where they performed emergency surgery. He was in the hospital for 5 days, discharged and allowed to return to work. My husband spoke with his boss and they required a release from the doctors to come back and that this medical situation happened at a good time because business was slow. He talked to the doctor and they faxed one detailing his restrictions. His boss called stating that no such notice was received and they cannot allow him to return to work if he has a scar, swollen, and limited mobility, then suggested he go on Unemployment or medical disability and offered to pay his medical insurance. We disagreed and his boss kept insisting that my husband take more time to heal and his appearance is better. When his work received the notice his boss called him immediately and told my husband that he was not allowed to return to work if he was under pain meds, not able to lift and still swollen. She couldn’t allow him to work with clients due to his appearance.

    We suggested he could comeback one day to see how he does at work or he could come back a couple hours a day, unwilling to work with him the call ended abruptly. Later he sent her an email stating the date he will return and to email any questions but she does not do emails and wanted him to call her again. She then called him and proceeded to argue with him about his med condition and restrictions and that she cannot allow him to work while all scared up and swollen and on pain meds. She said you’re fried. After applying for unemployed we received a letter stating that his benefits were denied. The reason for discharge was “ Insubordination during phone conversation with employer using profanity after request for his medical release form to return to work.” How can we prove that the real reason they let him go was because they wanted to drop a salary because they have been slow? They are a small company with now 2 full time employees do we have a legal case? Could anyone PLEASE provide some guidance? It would be greatly appreciated.
    Last edited by Stressed in IL; 01-11-2009, 12:22 PM. Reason: too long

  • #2
    Condendse it, break it into some paragraphs and you'll probably get some replies.
    I find that the harder I work, the more luck I seem to have.
    Thomas Jefferson


    • #3
      I am not sure but I would look into seeing if there are any disability laws. I dont beleive you can fire someone because of a scar. That is where I would start. Also, in NJ you are allowed to record any phone conversation that you are a part of without telling the person on the other end of the phone. I would look into that also. Good luck,


      • #4
        If your husband's illness was covered by FMLA, then he was entitled to 12 weeks of unpaid leave with job protection. He would be covered by FMLA if ALL of the following are true:

        1. He'd worked there more than 1 year.
        2. He'd worked more than 1250 hours in the past year.
        3. The employer has 50 or more employees within 75 miles of your husband's job site.

        If not, then he had no job protection, despite the widely held belief that it's illegal to terminate someone who has a doctor's note.
        I am not able to respond to private messages. Thanks!


        • #5

          The company employees only 2 full time people excluding the owner, and his wife the one who let my husband go. So I assume they fly under the radar with a lot of laws.

          Thank you all for your responses.


          • #6
            I noted in your first post you said small co. with only 2 full time employees so FMLA could not have applied.

            Your husband can appeal the denial of unemployment ins. - during the appeal, he just needs to tell the truth. It will be up to the state to make a decision after review of all information. Also, to qualify for UI, you have to be ready, willing & able to work.
            Last edited by Betty3; 01-11-2009, 01:12 PM.
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