is it legal to put someoe on forced leave and then fired by letter no reason?

Question

my boss of seven years told me he was making me take a four week leave because in three weeks and four days my wife was having brain surgery and he thought i would not be there for his company at that time. the next day he sent me a letter saying he was sorry but they were letting me go and he wished me the best in my future. This meant he knew my wife couldn't have the surgery and he knew that she cancelled it the day he put me on leave. now we stand to lose our home and car and health car for us it out we can't even afford medications now. Is all this even legal for him to do to me i have never had a write up or warning ever? And i worked for a small video store chain in the far corner of Arkansas. Take 2 Video is not a difficult job to do but Mike, my exboss, refused to even discuss with me what was happening instead he ran away and said he wasn't ready to talk to me but he would call me the next day well seven days later and i guess he wants to remain that kind of a person.

Answer 1

Wow, that is really the pits...sorry I didn't see this before I answered your other question.

So, did you apply for family medical leave in order to care for your wife, or your boss assumed you wanted FMLA and placed you on a leave? Then your wife cancelled the surgery and your boss immediately laid you off? No other employees were "laid off", just you?

Assuming I have the above genreally correct, let's look at some options. First, file a claim with the state unemployment office right away. Make sure you note on the claim that you were terminated without cause.

Now document in detail everything that happened that you remember - names, dates, who said what, etc. If you have a copy of a company handbook, leave of absence policies, your performance reviews, etc., keep them- they may come in handy.

You are legally entitled to request a copy of your employee file - I'd sugest that you do so. If you had good performance reviews, it will be difficult for Mike to substantiate the need for what I assume was a one person "layoff."

TX is not a real employee-friendly state, but you should be able to contact the dept of labor (www.dol.gov to find an office near you) and discuss your case with them. They can file a claim for free on your behalf - being the government, they don't move real fast though. You can also try to find an employment lawyer in your area who works on contingency - they get paid a portion of what they win for you.

Mike will need to prove that you were laid off for reasons other than your wife's illness and your need to take a (legally protected) leave - such as the company's poor financial status, closing the store, etc., which would lead to other employees being laid off as well. One-person "layoffs" are almost always legally questionable.

Also in most cases your employer needs to offer you the opportunity to continue your employee health insurance throughthe COBRA law. It's not cheap, but it's there if you need it. You should have been given 60 days to decide if you wanted the insurance (retroactive back to your last day of coverage) and another 45 days to pay for it.

Sorry for the long answer - hope this helps. Hang in there and start taking steps to file a claim. Good luck!

Answer 2

Ahh, a "for cause" firing. There are no "at will" clauses to deal with here. This one is easy. If he in any way referenced the reason for the forced leave/firing was you wife's pending surgery then he fored you "for cause". The only problem is that the cause was not legal. Medical issues are alway off-limits and he knows or should know it. You should seek a lawyer immediately and also file a claim with unemployment securities.

Answer 3

As a fellow resident of arkansas and employee i know it is illegal to terminate employment without a vald reason or warning...get a lawyer and file a lawsuit

oh and by the way and "at-will" state still requires a reason for termination...it can be any reason but there still must be a reason.



Discrimination and Wrongful Termination

Employers are not allowed to terminate or discriminate against employees for the following reasons:

Age
Race
Sex
Religion
National origin
Disability
Pregnancy
It's illegal for an employer to consider these characteristics with regard to:

Promotions
Job assignments
Termination
Wages
And it's illegal for an employer to terminate an employee:

For refusing to break a law
In retaliation for filing a discrimination or safety claim
For taking leave under the Family and Medical Leave Act
Without following its own stated procedure or policy
For reasons not contained in the employment contract, if one exists


The FMLA (Family Medical Leave Act)

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Understanding the Family and Medical Leave Act of 1993
Fact Sheet #28: The Family and Medical Leave Act of 1993

The U.S. Department of Labor's Employment Standards Administration, Wage and Hour Division, administers and enforces the Family and Medical Leave Act (FMLA) for all private, state and local government employees, and some federal employees. Most Federal and certain congressional employees are also covered by the law and are subject to the jurisdiction of the U.S. Office of Personnel Management or the Congress.

FMLA became effective on August 5, 1993, for most employers. If a collective bargaining agreement (CBA) was in effect on that date, FMLA became effective on the expiration date of the CBA or February 5, 1994, whichever was earlier. FMLA entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons. The employer may elect to use the calendar year, a fixed 12-month leave or fiscal year, or a 12-month period prior to or after the commencement of leave as the 12-month period.

The law contains provisions on employer coverage; employee eligibility for the law's benefits; entitlement to leave, maintenance of health benefits during leave, and job restoration after leave; notice and certification of the need for FMLA leave; and, protection for employees who request or take FMLA leave. The law also requires employers to keep certain records.

EMPLOYER COVERAGE

FMLA applies to all:

public agencies, including state, local and federal employers, local education agencies (schools), and
private-sector employers who employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year and who are engaged in commerce or in any industry or activity affecting commerce -- including joint employers and successors of covered employers.
EMPLOYEE ELIGIBILITY

To be eligible for FMLA benefits, an employee must:

work for a covered employer;
have worked for the employer for a total of 12 months*;
have worked at least 1,250 hours over the previous 12 months*; and
work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.

Answer 4

Arkansas is an employment-at-will state, which means you can quit at any time and the employer can let you go at any time, so yes it's legal even though it might not seem fair. If you were working for a larger company, you could have applied for leave (unpaid) under FMLA, but unless they have 50 employees, FMLA does not cover you.

You can apply for unemployment comp and should have no trouble getting it.

Good luck - I hope you find a new job soon, and that your wife's health improves.

Answer 5

SUE HIS AS*! That's absurd and this man is completely heartless...how could he do that to you? I'm so sorry for you and your wife...You REALLY need to contact a lawyer...most will consult for free and then take on your case for a percentage...just don't get stuck with legal bills on top of everything else...maybe legal aid is an option? Don't let this loser get away with this... he's hiding something.... Good luck and my prayers are with your family.

Answer 6

Try having a talk with your boss. Record the conversation or have some kind of proof that he refused to talk to you or provide you with an explaination. Then call the lobor court. They will be able to help you from there. A similar thing has happened to my wife recently and you will be amazed to find out how much help you can get lawfully. Good Luck to you....

Answer 7

Employers can fire you for combing your hair the wrong way in your bosses eyes. I have seen people fired for all kinds of silly reasons.

Answer 8

Had your employer fired you without giving you any reason you may not have a case but since he first forced you to take a leave due to your wife's medical condition he is now guilty of wrongfull termination.
You were most likely eligible for an unpaid leave under the FMLA.
You should contact employment security, the department of labor, FMLA and an attorney to learn what your rights are.
Good luck with your wife's medical condition.

Answer 9

Probably -- I am assuming Arkansas is an employment at will state and you don't have an employment contract. "At will" means that without a contract either you or your employer can terminate the relationship without cause.

On the other hand, if you feel you may have been discriminated against because of your wife's medical condition, it certainly cannot hurt to speak to a lawyer who specializes in employee/employer litigation about the issue.

Answer 10

He fired you because your wife was having surgery? That is no reason to fire you and I would SUE THE HELL out of them! First, get a lawyer if you don't all ready have one...next, get their advice - which may be to talk to your ex-bosses bosses, if they know you have hired a lawyer, they may decide to just hire you back or even give you a settlement. And if they don't, SUE THEM! It was a wrongful termination because he gave you no true reason.

***however, if you were "laid off", you can file for unemployment...get clarification***