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My husband is on sick leave due to supposably havinf 2

Customer Question
My husband is on...

My husband is on sick leave due to supposably havinf 2 seizures at work-

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

I wasn't done- just a sec

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

We live in Texas- his employer sent fmla form certified and he signed- that was Aug 17- he got a phone call from employer Sept 12 and was asked to resign from his job or he would be terminated- he resigned after almost 18 years- full time- private sector- they had their first on the job death last week so I think they consider him a liability- he has not been diagnosed with seizures by a neurologist which he sees in the 29th of Sept- after much debating- we are considering pursuing legal counsel- he has expressed his concerns and they are overnighting a severance proposal package and extending his health insurance until October 1st- sounds like they are back pedaling to me

Submitted: 9 months ago.Category: Employment Law
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Answered in 1 minute by:
9/16/2017
Employment Lawyer: Roy Hadavi,
 replied 9 months ago
Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,296
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney with extensive labor law experience. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Employment Lawyer: Roy Hadavi,
 replied 9 months ago

I am sorry to hear about your husband's condition, as well as his termination. I hope he makes a speedy recovery.

Texas is an at-will employment state. That means that either you or the employer can terminate the employment relationship at any time for any reason or no reason at all. The limitation is that employers cannot terminate an employee for an illegal reason, such as discrimination or retaliation for exercising an employee's legal right.

However, it seems that your employer's FMLA rights may have been violated, which falls under one of the exceptions to the at-will nature of employment. Your husband can file a claim against his employer for this violation. Before you commence with the complaint process I recommend you read the FMLA article from Nolo by clicking here. As well as the information on the Department of Labor's webpage by clicking here. Both of these pages provide a lot of important and useful information.

As the Nolo article points out, this is probably one of those instances where you want an attorney to handle the matter. I know it seems self-serving for an attorney to tell you to use an attorney. But, if I believe that you can handle a legal matter on your own, I will tell you so. This is simply not one of those cases. Just like you can sometimes use the internet to diagnose a medical issue yourself and don't need a doctor, but you would never try to do surgery on yourself. Litigating an FMLA violation is like surgery.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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