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Wrongfully layed off Arizona

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  • Wrongfully layed off Arizona

    My brother got layed off less than one week after informing his employer he had to have surgery. Does he have any recourse? Can an employer do that?

  • #2
    No he hasn't contacted an attorney. He had informed his employer Friday, 9/5 he had to have surgery 9/12. Conveniently, he was layed off yesterday 9/10, is having surgery tomorrow and will be recouping for at least a week. I was just trying to get a jump start on some research for him.
    Last edited by Amf22210; 09-11-2008, 08:12 PM.


    • #3
      Great! Thank you so much! Truly appreciate it!


      • #4
        Would FMLA have applied?

        Truly "laid off" or fired? Subject to recall? Were others in his department/area let go as well?

        We don't have enough information to give an informed opinion.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


        • #5
          Does the employer have any evidence the lay off was planned before the announcement? I agree with patty we need more info


          • #6
            Also, as Patty asked, would FMLA have applied?
            Did he work for his employer for at least 12 mos. (do not have to be consecutive)?
            Did he work for his employer for at least 1,250 hrs. in the 12 mos. immediately preceding the leave?
            Did he work at a location with 50 or more employees within a 75-mile radius?
            Have a serious health condition as defined by the statute? (Most surgeries requiring at least a week off would apply except for such things as some cosmetic treatments.)

            FMLA provides 12 weeks of unpaid job-protected leave within every 12-mo. period.

            However, FMLA does not prohibit an employer from firing or laying off an employee requesting FMLA or on FMLA leave as long as the employer would have made the same decision if FMLA was not involved.
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