What to do if my father is in the ICU fighting for his life and his boss told my mother that he has been “aid off?

UPDATED: Aug 23, 2011

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What to do if my father is in the ICU fighting for his life and his boss told my mother that he has been “aid off?

Can they do that? Just cut off his benefits?

Asked on August 23, 2011 Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should consult with an employment attorney on behalf of your father. The answer depends on the situation. As a general principal, IF your father is using a protected leave for his absence (e.g. FMLA leave), or paid time off he's earned (e.g. sick and vacation days), or is protected by some employment contract or agrement (including a union one), he can't be laid off. On the other hand, if he doesn't have any PTO or isn't using FMLA leave, then as heartless as it is, the company can probably lay him off or otherwise terminate him. Also, while he can't be retailiated against for using FMLA leave or properly earned PTO, he can be laid off due to a restructuring, reorganization, or downsizing, or fired for performance issues or rule violations. So the specific facts are everything in determining his rights and his recourse. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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