Legal Question in Discrimination Law in Idaho

Termination for absences

My husband was fired from a job this month for too many absences. He's been under FMLA and doctor's care about 6 months for health issues causing him to miss work. Company policy states on the 6th infraction you can be fired, he only had 5 and again all medical paperwork to show he was under care of a doctor. Now the company is telling unemployment that he quit and then tried to change their story again to he walked off his job without notice.

Is that legal? Do we have any recourse? He's been able to find another job starting in a few weeks and all we want is the 3 weeks unemployment he's owed. I've already written the news about it and hope they will conduct a story but i'm not sure where else to turn. This is a big company world known and they should be punished for unfair practices.

Thanks


Asked on 10/26/04, 6:00 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Termination for absences

This is too complicated to answer with such few facts. Generally, though it sounds from your description as if the company is violating its own rules.

Is he specifically under FMLA leave? Has he used all his normal sick time and vacation time?

Is he being discriminated against for some other reason? Is he over forty (now a protected class under the ADEA)?

Please consult a local attorney, or contact the local EEOC or equivalent State Human Rights office, if you want to get this straigtened out quickly.

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Answered on 10/27/04, 11:11 am


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