Could they fire my husband from taking too many days during the year for a chronic illness?

My husband worked for a company for 10 years. He has a chronic kidney disease and any time absent was due to his illness. He also had a minor stroke on the job three years ago. He was warned 5 months ago that he could not be absent anymore except for a scheduled day off every month. He went to work for the past 4 months with no days off until last Friday when his potassium levels were so high his heart could stop. He fell on Saturday injuring his hand, only stayed home oMonday and returned to work Tuesday. His immediate boss and his wife head of HR terminated him. He takes 14 pills a day for his disease and we were just told he is in stage 5 of his disease not he has no job, no health insurance.

Asked on July 13, 2012 under Employment Labor Law, New Jersey


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not your husband's former employer was warranted in terminating him due to his illness depends upon many factors and the consultation with an attorney that practices in the area of employment law.

There is a federal law known as "The Americans With Disabilities Act" where under this law and its statutes an employer is required to make reasonable accomodations for an employee who has certain disabilities or illnesses in the work place.

Your husband's termination may have been in violation of this act. He may also want to consult with a representative with the local department of labor over what happened as well.

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