QUESTION
If my fiance was released from his doctor to go back to work but his employer just laid him off on the same day, is that illegal?
Asked on Mar 18th, 2014 on Labor and Employment - Wisconsin
More details to this question:
My fiance has been sick due to pneumonia and was in the hospital. His doctor released him to go back to work after 2 weeks of being off work. When he called his boss to tell him, his boss had said that work is slow, then laid him off. Is there anything legally he can do about this?
7 ANSWERS
Employment & Labor Attorney serving Weston, FL
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Behren Law Firm
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How many employees with the employer? Might be an FMLA violation but would need to know employer and number of employees and how many hours your husband worked.
Answered on Mar 19th, 2014 at 10:04 AM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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It would be illegal in California for the employer to lay him off because he was sick. However, the employer is allowed to lay him off, as long as the real reason is that work is slow. To win a wrongful termination lawsuit, your fiance would have to provide some evidence that he was not laid off just because the work slowed down. It would be a good idea for him to talk to a local attorney who specializes in wrongful termination cases.
Answered on Mar 18th, 2014 at 4:28 PM
Completely legal in GA. Having an illness does not protect a job. He may file an unemployment claim, if he is capable of working some where.
Answered on Mar 18th, 2014 at 3:20 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is doubtful, if he was laid off for lack of work. If there is a employment manual or agreement you might take it to an attorney to have it reviewed. Generally, however, if an employee is unable to work due to illness that does not necessarily create a right for him to return.
Answered on Mar 18th, 2014 at 3:20 PM
Bruce A. Coane
It could be in violation of the Americans with Disabilities Act if your fiance's disability was the employer's motivating factor in deciding to fire him.
Answered on Mar 18th, 2014 at 3:19 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, file for unemployment. Since he wasn't hurt on the job, there is no claim for retaliation.
Answered on Mar 18th, 2014 at 11:40 AM
File for unemployment is the first thing your fiance' should do. Contact an attorney to determine if there is any other potential claim.
Answered on Mar 18th, 2014 at 11:35 AM