Post # 1
So just when things couldn’t get any worse, my husband got a call from his boss today saying that they were going to have to elimnate his position at his job effective immediately. After being diagnosed with cancer in October, he was working up until March 15th when they FORCED him to go out on disability and take FMLA. Well now about 6 weeks later, they’ve let him go! Is this legally even possible? We are so hurt, scared, overwhelmed, confused, and shocked that this has happened. And he got the call while he was laying in a hosital bed. We will be fine with insurance because I was able to add him to my plan so we won’t have to pay the high prices of COBRA, thank goodness. But what do we do now? File for unemployment? Disability? Legal action? Why were we given such another HUGE burden to go through with everything else we’re facing?? HELP!!
Post # 2
Oh my goodness! No real advice, just a big internet hug. You and your husband will be in my thoughts.
Post # 3
This is horrible. One of my closest friends is experiencing the exact same thing, husband diagnosed with cancer (second time) and just been let go from his job.
I am in a different country, but I would see if he is eligible for Gov assistance of some sort. I know where I live it would be available.
I am so sorry you are both going through this.
Post # 4
What were the reasons they gave for letting him go? They cant fire him for taking the leave, legally, but if they’re phrasing it as his position being eliminated there isnt much you can do unless you can prove that he was laid off for his illness and not because of work layoffs
Get on unemployment just so you have money coming in, and then look into disability. My dad went on short term disability when he had his heart attack and couldnt work. Its not loads of money but at least it will help you get by
Post # 5
I’m sure others will have more information but from the little research I just did, it doesn’t look like legal action will be the way to go if his position was eliminated completely and would have been eliminated even if he didn’t go on FMLA leave.
Q: Are there other circumstances in which my employer can deny me FMLA leave or reinstatement to my job?
In addition to denying reinstatement in certain circumstances to “key” employees, employers are not required to continue FMLA benefits or reinstate employees who would have been laid off or otherwise had their employment terminated had they continued to work during the FMLA leave period as, for example, due to a general layoff.
One of the examples of denial of job restoration used in the regulations is layoffs. Therefore, an employer should take in account several considerations before laying off or terminating an employee while on FMLA:
Does the company have a valid business reason for eliminating that employee’s position or laying off that employee?
- Would the employee have been laid off or terminated if that employee was still working and not on FMLA leave?
- Does the company have enough documentation to prove that employee would have been laid off or terminated regardless of the FMLA leave?
Post # 6
monet11: That’s AWFUL! I thought that’s what FMLA was all about? Protecting your job for 12 weeks???? But like someone said I wonder if they made up a bogus reason? My fiance got fired for a bogus reason and we could fight it, but we just don’t want to go through the hassle. It SUCKS that companies get away with this cr*p. I sure hope your husband gets better….
Post # 7
- Wedding: March 2014 - Church and University
I’m so sorry. My late husband didn’t have insurance when he was diagnosed with head/neck cancer and was denied emergency coverage. (But if had breast cancer or needed an emergency abortion he would have been covered…wth?) I know the system is WAY screwy. Best thing is to just tap into disability…it’s what it’s there for.
Prayers to you….it takes a warrior to be a spouse to someone with cancer. PM if you want to, I’d be happy to chat.