
Quoting
countrygirl1
My question involves labor and employment law for the state of: Texas
My husband was fired yesterday while out on medical leave. He took a week of vacation the last week of October, and got a bacterial infection in his foot. The first day he was to go back his foot was swollen so bad he could not put pressure on it so he let them know he was not able to come in that day and went to the DR. The dr wrote him out for 10 days and gave him antibiotics. ON 14Nov he was admitted into the hospital because the infection had gotten so bad and was on IV's for 4 days. When he was released by the Dr the week before Thanksgiving, he turned in his paper work to return to the job and they scheduled him for "worksteps", a program to verify his fitness to return to work. At work steps they found that his blood pressure was 170/90 and the HR person called him and said they would not return him to work until he could pass a DOT physical. He went to the Dr and got on blood pressure medication and passed his DOT physical the next week. Then he called HR for the company and they told him he had to be scheduled for work steps again but the HR lady that handled that would not be back until the first of the year. They called him yesterday and said they had tried to contac him several times the week of 27Dec and he did not return the calls so he was being seperated from the company. He tried to get in touch with them several times during the whole ordeal and they kept telling him that he didn't have to call all the time, just call when he got the Dr release. He spoke with the short term disability people and they said they would keep paying him until he was release from his DOT physical, at no time did they tell him he was in danger of losing his job, and we looked at out cell phone records and there is no record of any calls made to him from the Company offices from 12/21 - 1/5 when he called back to try and schedule his worksteps to return to the job. What should he do at this point? Was he wrongfully terminated. (the holidays played a part in all of this with serveral short workweeks making it difficult to get him in for appointments and scheduling his worksteps) He really likes this company. He had only worked for them 9 months and had just transfered to this location a month before he got the infection.)