Hi, I'm Lucy, and I'd be happy to answer your questions today. I'm very sorry to hear that this happened. Independent contractors are considered self-employed and therefore aren't covered by FMLA
and other employee protection laws. That unfortunately means it is legal for your boss's employer to terminate him for missing work, even if he had a medical reason. They ARE still required to provide the one day's written notice required in the contract, and since they didn't, your husband could sue in Small Claims court for the one day's earnings he would have gotten if they provided adequate notice. He also can request a refund of the filing fees. Usually, these cases can be brought in Small Claims Court, which does not require a lawyer. The courts have forms your husband can file when he's feeling better to open the case. Essentially, an independent contractor is engaged in his own business. An employee "follows the usual path of an employee and is dependent on the business which he/she serves." 29 C.F.R. § 825.105(a). BUT, if your husband ONLY works for one company, look at whether he's been correctly classified as an independent contractor rather than an employee. A contractor works his own hours, typically uses his own equipment, and generally has autonomy to decide what jobs to take and how to complete them (within set parameters). A contractor who does deliveries might drive his own car. An employee is told when, where, and how to work. The employer provides the equipment used, assigns jobs, and gets to explain how they're done. An employee might use his own car, but could also drive a vehicle provided by the employer. If your husband is really an employee, then he may have additional rights (including the ability to seek reimbursement of social security taxes he's been paying on the company's behalf). Here is more information that might help:https://www.dol.gov/whd/regs/compliance/whdfs13.htm If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.