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  1. #1
    Join Date
    Jan 2010

    Default Firing During Doctors Care

    First off, I'm not the one who is hurt.

    My father has worked for an outsourcing company for 9 years. This outsourcing company serviced machinery such as paint shakers and carpet cutters in Home Depot and Lowe's across our south eastern region. Each job site could vary from one city to another in the south east from New Orleans LA, to Greenville WV, Brunswick GA, to Boumont Tx. So traveling is apart of the job. Jan 2nd of this year he started complaining about chest pains which turned out he had a heart attack diagnosed because of stress. The doctor kept him overnight for observations till he was well enough to go home. Of course, my father called and told his boss what happened and about tests needed to be ran through the following next few days. That Monday, almost 12 hours after coming home from ICU with overnight observations my father was forced to do a local job close by. Even though the job was less then 60 miles away and had to cancel appointments, tests, and the rest time that the doctor demanded. He went for the sake of keeping his job. After coming home the following day approached and the boss was at the front door with an employee to collect what was the companies. The work van and equipment used to do the job. Friday rolled around my father and mother went to pick up the check to be told that he is being laid off. The excuse is "Due to a major contract loss". However, the only contracts are the same contracts that has been serviced and has yet to expire or pull out. The employer explained that he was about to shut the doors on the company. However, the company is still operational, no word to any other employees about shutting the doors, and they are currently attempting to get back a previous employee. The company doesn't qualify for FMLA, because it has less then 50 employees at a work site because its mobile. My question to this forum is, what can we do about it now that they laid him off, canceled the insurance and he is still under doctor's care currently? He goes in for surgery next week and even then its going to be more then a few days before he is able to work again.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Firing During Doctors Care

    Your father may not be able to do anything. Unfortunately you chose not to follow the instruction to identify the involved state of employment so, taking your word that your father has no FMLA protection, we can't tell you what rights he might have under state law. He should consider getting a consultation with a plaintiff-side employment lawyer; the consultation should be free.

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