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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19949
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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My husband was fired on Monday after returning to work after a 60 shor

Customer Question

My husband was fired on Monday after returning to work after a 60 short term disability leave, he told his employer he had parkinson's disease before he left and needed to take a little time off to regulate some new meds. Pennsylvania is an "at will" state, he worked there 28 years with a perfect record, major company. What is his recourse?
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
he is 57 yrs old
Expert:  Marsha411JD replied 1 year ago.
Hello,Thank you for the information and your question. In order to assist you I will need a bit more information. Can you tell me what the specific reason was that your husband's employer gave him for his termination? Also, did he take FMLA for his time off? If not can you tell me if his employer has at least 50 employees?
Customer: replied 1 year ago.
His boss said that they needed to make some changes in his region, nothing very specific. He went on short term disability not FMLA and yes he worked for a very large company.
Customer: replied 1 year ago.
He had 2800 employees under him, a Vice president position and his job was very demanding
Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for your reply. STD and FMLA are two completely different issues. STD is only a wage replacement and FMLA is unpaid leave guaranteed (for up to 12 weeks in a year) that provides job protection. So, the first issue is whether or not the employer offered FMLA and if your husband declined to have the doctor certify him. If that is the case, then your husband would not have job protection provided by FMLA, which guarantees job reinstatement and prohibits termination for taking FMLA. On the other hand, if the employer never offered FMLA, then your husband has a case against the employer for violation of FMLA and wrongful termination based on that. In that case, your husband could file a complaint with the Wage and Hour Division of the U.S. DOL, which enforces the FMLA, or he could hire an attorney and file suit. The other issue here is whether his employer used the reason they did, as a subterfuge for terminating hims because of his health condition. In that case, your husband would have a disability discrimination case he could pursue. He would need to file a complaint with the EEOC and consult an attorney about that as well. If, however, the employer had a legitimate business reason for letting him go that they could prove was unrelated to his illness, then there would not be a case for discrimination. Please feel free to ask for clarification.
Customer: replied 1 year ago.
So we believe it is disability discrimination, but what is his employer's responsibility in this case? Even I were concerned he might not still be able to do his job but he's not sick enough to qualify for LTD.
Expert:  Marsha411JD replied 1 year ago.
Thank you for your reply, however, I am not sure I understand your question. Can you be more specific? As mentioned, it would be wrongful termination based on disability discrimination, if the employer made the decision to terminate only because of his medical condition.
Expert:  Marsha411JD replied 1 year ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the legal answers I provided to you on the 24th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) for our work) that the customer thinks have gone through. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/
Thank you.