Legal Question in Employment Law in Georgia

My husband has worked for this company over 2 years. He was diagnosed with cancer. Since Nov. 2009 he has had 3 surgeries. He has been out of work for the last 6 weeks and will be released from the surgeon tomorrow to return to work. He will begin radiation next week and chemo will follow.

Because of his expected absents his supervisor has asked him to resign. In return they will date the paperwork from the date of his first surgery (their reason for this is so he could file for social security) and they will pay him a month�s pay. They told him that the insurance will not allow him to stay on the policy without him working. He has no desire to quit. We are concerned that we could not get other insurance because of pre-existing conditions.

Can we have some advice? Thanks


Asked on 2/22/10, 6:16 pm

1 Answer from Attorneys
Jack Rosenberg Jack Rosenberg, Attorney at Law

Sorry to hear of the situation. If the company has 50 or more employees than he would be protected under the FMLA and the supervisor's actions could be in violation of that law. If less than 50 and more than 15 employees your husband might be experiencing discrimination in violation of the Americans with Disabilities Act, which covers employers with 15 or more employees. In any case your husband should consult an employment attorney such as myself. Good luck.

Jack Rosenberg, www.georgiaunemploymentlawyer.com

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Answered on 2/27/10, 6:36 pm


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