My question involves labor and employment law for the state of Tennessee
Back story:
I had lumpectomy on Sept 14th for breast cancer. My husband's asked for fmla protection but took off 3 days(paid) to help me after surgery and that was all he wanted to take off. His job made him take off the whole 2 weeks that the doctor wrote on the form. Then he worked the next 2 weeks overtime and all. His boss asked him on a Tuesday how I was and he said I was good and started Radiation the next day. Well the HR lady came right down with fmla paperwork and told him to get them filled out. I took them to my appt and by Friday he took them back to work.m,we wrote in it that he would not be taking any days off unless there was complications.
Well then they started calling him off with a new excuse everyday or he would go in and they would send him home. This went on till Dec 19th. He told hr numerous times he didn't want to be in fmla and they said ok just come back tomorrow but they kept calling him off. He asked for unemployment but they said they wouldn't give it to him because they had him "technically" under fmla. Well we get a certified letter on dec 10th that says his fmla is exhausted on Dec 18th and he has to come back on Dec 19th or be terminated. Well like every week they called him off everyday and even tried calling him off on the 19th but my husband didn't answer the phone but showed up at work. The night shift supervisor was outside the gate ans told him he couldn't come in. We got denied unemployment because they said he didn't come back from fmla which is a big lie and we have our hearing next week for that. My husband had perfect attendance with no write ups in the 5yrs he was there. We're think he got let go because of my cancer treatment costs to the company.
We spoke to an employment lawyer and will get the ball rolling soon.
Anyone ever heard of an employer doing this to employee that had perfect attendance and no write ups in the 5yrs he was employed there.
Back story:
I had lumpectomy on Sept 14th for breast cancer. My husband's asked for fmla protection but took off 3 days(paid) to help me after surgery and that was all he wanted to take off. His job made him take off the whole 2 weeks that the doctor wrote on the form. Then he worked the next 2 weeks overtime and all. His boss asked him on a Tuesday how I was and he said I was good and started Radiation the next day. Well the HR lady came right down with fmla paperwork and told him to get them filled out. I took them to my appt and by Friday he took them back to work.m,we wrote in it that he would not be taking any days off unless there was complications.
Well then they started calling him off with a new excuse everyday or he would go in and they would send him home. This went on till Dec 19th. He told hr numerous times he didn't want to be in fmla and they said ok just come back tomorrow but they kept calling him off. He asked for unemployment but they said they wouldn't give it to him because they had him "technically" under fmla. Well we get a certified letter on dec 10th that says his fmla is exhausted on Dec 18th and he has to come back on Dec 19th or be terminated. Well like every week they called him off everyday and even tried calling him off on the 19th but my husband didn't answer the phone but showed up at work. The night shift supervisor was outside the gate ans told him he couldn't come in. We got denied unemployment because they said he didn't come back from fmla which is a big lie and we have our hearing next week for that. My husband had perfect attendance with no write ups in the 5yrs he was there. We're think he got let go because of my cancer treatment costs to the company.
We spoke to an employment lawyer and will get the ball rolling soon.
Anyone ever heard of an employer doing this to employee that had perfect attendance and no write ups in the 5yrs he was employed there.
FMLA Violations
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