Thank you for your reply.
So, your husband is entitled to pay for only the days he actually worked prior to being terminated. The Fair Labor Standards Act
requires the employer to pay an employee upon termination
, even a salary employee, only for the time actually worked up to the date of the termination. If he was not paid for the days he actually worked prior to termination, then he can file a complaint with the Department of Labor Wage
and Hour Division or he could sue for up to 3 times the amount of wages due (if he proves bad faith) for improper non-payment of wages upon termination.
As far as terminating them in the middle of medical treatment, that all depends. If he is out under leave protected by FMLA
he cannot be fired and he cannot be fired if he has a permanent disability
under the Americans with Disabilities Act for any reason directly related to his disability. Other than those two protections he could potentially be fired, even if he is in the midst of medical treatment. IF his company is not covered under FMLA, such as they have less than 50 employees, then they could potentially have fired him for being out of work (unlike the mega corp you work for, which has to give 12 weeks of protection before terminating him). If he was out on legally protected FMLA leave, then this is another issue he can file a claim with the US DOL about and also sue if his rights under FMLA were violated.