Legal Question in Disability Law in Illinois
Fired for Medically Necessary surgery for Gastric fistula
In 2002 I had a gastric bypass surgery for obesity, I later developed a Gastric Fistula'09 that HAD to be surgically treated...I talked to my employer (wal-mart) they said I did not qualify for FMLA (due to hours, they won't schedule me more) They told me I would have to quit to have the manditory surgery and then apply again for employment after. I have worked for them for 2.5 years- I talked to their HR dept and they said just call in (less than 6 work days) and it would be considered one absence (I have NEVER been written up for anything and my reviews are all good) after calling in one day (the day of surgery) the MGR of the store told everyone ''well he must have quit because I didn't give permission for the surgery'' I did not quit I continued to call in...I was even allowed to come back to work and they fired me on my second day back after surgery...Can they do this...The gastric bypass was done because I also have sleep apnea, joint issues, and the fiscula if not corrected could cause a condition that can be fatal...I did ask a MONTH in advance of the surgery for a little over a week off (not paid) to accomidate for the surgery and they REFUSED outright...they also ignored my request for unpaid vacation time...Is this legal?
1 Answer from Attorneys
Re: Fired for Medically Necessary surgery for Gastric fistula
Generally in Illinois an employer has the right to terminate an employee's employment for any reason whatsoever at any time. You are one of millions who have been wronged by Wal-Mart. Not much you can do, unless you can prove there was some sort of discrimination involved and you can also prove that they have done it to many others...
Sorry to hear about the way you have been treated.
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