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wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17080
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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My son has been dealing with some emotional issues lately and

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My son has been dealing with some emotional issues lately and has not been himself. This week he suddenly did something very unexpected and told his boss that he was quitting his job. Then next day he told him that he had changed his mine. However now he has been hosipitalized and they want to keep him there until they determine what is wrong. He has partial amnesia at the moment. Today he asked me to call his boss and tell him that he won't be able to come to work on Monday since his Doctor is away this weekend and they need to find out what is wrong. His boss told me to tell him to get well but when I told him that at this point in time they can't say when he will be released he indicated that they have a business to run and it sounded like they would only allow so much time. My son has worked for this company for a number of years and was apparently not in good shape when he told his boss that he was quitting. I wonder since he called back and said that he had changed his mind, where he would stand legally as far as his employer is concerned. I don't know if he ever signed any paperwork or not.

wallstreetfighter : Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification
wallstreetfighter : This is an unfortunate situation,
wallstreetfighter : under WI law, an employer can terminate any employee at any time,
wallstreetfighter : and if your son rescinded his resignation, the employer is allowed to allow him to return, or terminate him,
wallstreetfighter : the only legal protection he has is if
wallstreetfighter : the employer has 50 or more employees,
wallstreetfighter : if that is the case, he can apply for FMLA, leave,
wallstreetfighter : and that would protect his job status while he is on medical leave for up to 12 weeks.
wallstreetfighter :
Customer: There should be 50 or more employees. Do you know what FMLA stands for or how to apply for this?
wallstreetfighter : You can go to the link above and read the law on FMLA in WI.
wallstreetfighter : Yes, the FMLA, is the Federal Medical Leave Act,
wallstreetfighter : it applies in WI as well,
wallstreetfighter : if an employee has a serious medical issue, that requires him to be away from work for over 12 weeks,
wallstreetfighter : the employer must allow him to take leave, and cannot terminate him,
wallstreetfighter : So he should consider filing for FMLA,
wallstreetfighter : You may want to speak to his employer and apply through the HR
Customer: He works for an automotive company that owns three dealerships, do you happen to know if the 50 employees would need to be at the dealership where he works or if it could be the total of the three locations?
wallstreetfighter : teh 50 employees, would be considered, if the three dealerships are within 75 miles from each other
Customer: Yes they are, that is a wonderful suggestion, Thank-you for your help.
wallstreetfighter : That should be claimed, contact the HR and advise them of his FMLA rights,
wallstreetfighter : look at the law linked above.
wallstreetfighter :
wallstreetfighter : That would be his only protection, from the employer terminating him
wallstreetfighter : If you have any further questions please do not hesitate to ask.
wallstreetfighter : If satisfied with our service please provide us with positive feedback.
Customer: My son is not a citizen but is a permanent resident of the U.S., do you know if this would still apply to him. He has lived in the U.S. for 18 years.
wallstreetfighter : it would apply, immigration status is not an issue,
Customer: Wonderful, Thanks again
wallstreetfighter : good luck,
wallstreetfighter : and if satisfied with our service please provide us with positive feedback, thank you.
Customer: I will do that rigt now
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