Legal Question in Medical Leave in Illinois

Termination after Heart Surgery & Stroke

Employee has been with a Catholic school, running their kitchen, for 23 years. Has long history of heart problems. A new independen company took over running the kitchen on August 1. Employee had to have heart surgery on August 15, which also resulted in a stroke. Company has now terminated employee, saying she hasn't been with the company long enough to qualify for FMLA, resulting in lost insurance, etc. Does she have a chance, considering that she was employed at the same school for 23 years and two weeks with the new food service that took over?


Asked on 9/21/06, 11:14 am

2 Answers from Attorneys
Alisa Arnoff Scalambrino & Arnoff, LLP

Re: Termination after Heart Surgery & Stroke

It is possible that there may be liability under a succcessor theory. I would recommend contacting the U.S. Department of Labor or an attorney in the area to explore this further.

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Answered on 9/21/06, 11:19 am
Andrew Dutkanych Biesecker & Dutkanych

Re: Termination after Heart Surgery & Stroke

I agree with the previous reply. There are specific provisions under the FMLA that make a successor emplyoyer lisble that are likely to apply in this situation. If you would like to discuss this situation further, feel free to contact me at [email protected] or at the phone number below.

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Answered on 9/21/06, 12:01 pm


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