Legal Question in Medical Leave in Tennessee

Terminated after given 5 days to get Medical paperwork in for 2nd surgery

My bladder was cut during my hysterectomy on March 30 at Summit Hospital. I had 2 doctors' working on me and don't know which one cut me. I had to wear a catheter for 4 weeks and was in severe pain due to bladder spasms. I was to have another surgery at Vanderbilt for repairs. I found this out on May 3. I was to return to work on May 4. I called my manager, faxed all other departments to let them know I could not return to work due to the time frame. Ford Credit gave me 5 business days to get the medical documentation in. They received it one day late. I was terminated because I could not get my doctors to fill out the paperwork and send it in. They terminated me as a voluntary quit and I can't draw unemployment. To get a job I have to get one of my 3 doctors' to sign a medical release form. My Cobra insurance is more than I made for my 2 week salary. I can't work due to the bladder spasms I have, I urinate on myself and wear depends, I can't take a bath, swim in a pool or have sex with my husband. My HR rep refused to appeal my termination so I appealed it myself to Detroit on May 24 and still have not heard anything. I also contacted the newspaper after I read an article they ran about Ford downsizing again.


Asked on 6/28/04, 8:02 pm

1 Answer from Attorneys
Alan Crone Crone & McEvoy, PLC

Re: Terminated after given 5 days to get Medical paperwork in for 2nd surgery

You seem to have an excellent claim under the Family Medical Leave Act. I would like to discuss it with you further. Please contact me at 1.800.403.7868 or at [email protected]. For more information on your claim you can visit my website at www.tennesseeemploymentlawcenter.com.

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Answered on 6/29/04, 10:13 am


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