To whom this May concern...
I am looking on feed back to find out if what my husband's employer did was legal. I am a terminally ill and disabled 38 year old female living in Cedar Rapids, IA.
We recently received word from our land lord out of the blue that we had a preliminary inspection coming up within 48 hours after the notice. My husband has never had a problem with using FMLA in the past. He has never abused FMLA nor has he constantly had to use it. Only if I have had doctor appointments then he does.
He also had 2.5 hours of paid sick time left for the year before his time re started and his sick time, personal time, etc. all renewed themselves. We only had 2 days to prepare for this preliminary inspection.
As stated above, I am terminally ill and disabled and am on oxygen full time. He told his job that he needed to use the rest of his sick time and use two of his FMLA time. He never ran out of FMLA at all because he used it sporadically.
His employer questioned the use of FMLA after never having done so in the past and told him it looked suspicious to use FMLA when he was sick. My husband is the type of person who never gets sick often but did as a result of emotional distress and duress.
When he returned to work on friday that week, his main boss came to him and told him that he was being asked to show up at what is known as downtown taj ma hal the begining of the following week. When he showed up at the meeting the following week, they questioned his need for FMLA which in Iowa is against the law to do. They told him that he was being put on administrative paid leave until they could figure out how to deal with the situation.
They called him in on Thursday the 24th of May and fired him for trying to take FMLA and said it was improper use of FMLA because it was helping me. They told him to get it priorties straight and that he shouldn't let his personal life interfere with his professional life working.
the problem is, that I have had multiple strokes, I have had several heart attacks, I have heart problems, and kidney failure and my lungs are failing. They told him that because our situation dealing with the land lord was not important enough to warrant time off and he misused FMLA and took time off he was not entitled to.
I cannot do alot of things for myself as a result of my health conditions and now after filing for unemployment, the school district is trying to fight my husband on unemployment benefits trying to say he's not entitled to them. He has a meeting this coming tuesday with the school district and law judge over the phone to determine if he is qualified for these benefits... (although I don't understand why he wouldn't be in the first place since he was fired wrongfully rather than a legitimate reason)
So I am wondering if I have an FMLA violation lawsuit case against the school district as well as a wrongful termination case against the school district for what they did to us. I would like people to give me some feed back. Please no mean or negative comments here. We need help and have to figure out what attorney to use if we do have a case. Thank you all for your feed back! Please note this information WILL be passed on to my husband.
By the way, my husband's employer tried to pry into my medical records to find out if FMLA leave was being used properly which we found out they cannot do without a subpeona and the HR has taken it upon herself to try and create a clause in the FMLA when applying for it in the school district that mandatory disclosure of medical records is necessary to qualify you for FMLA when they have never done that in the past. I don't think they can do that. I in my heart believe everything they have done is illegal and have had prior law suits before for medical related stuff. If you have been in this situation or can give me feed back on this, situation, please let me know. Thank you! P.S. our land lord is still holding the lease over our heads and now my husband has no job as a result of this surprise inspection. Is it legal for him to be fired for something beyond his control?