Legal Question in Medical Leave in Tennessee

Should my husband be fired for a medical emergency???

On June 1, 2001, my son ( 22 months old) had a fall and broke his leg. Because Im a stay at home mother and our family does not have more than one vehicle, I was forced to call my husband at work. Unfortunately, in the process, my husband had no free days left to take off from work. He talked to the human resource manager and said he may be fired if he left. So my husband tried to call close family and friends from work to take my son to the emergency room. In the mist of all this I called 911, because my son was acting sleepy and I was afraid he had a concussion. Anyway, my husband finally just left and came to take our son to the ER. Paramedics did arrive, but saw no immediate danger for my son, so I waited for my husband to take him while I stayed home with my other two sons. But anyway, come Monday, June 4, my husband was let go. Well, technically, they say he quit. So I guess what I'm asking is, is there anything we can do about this? It seems so unfair since my husband was a great worker. I would greatly appreciate any advice. Thanks, Misty M.


Asked on 6/11/01, 3:46 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Should my husband be fired for a medical emergency???

Your husband may have a claim for violation of the Family and Medical Leave Act. Like many other employment issues, however, this analysis requires further facts, including your son's condition, the treatment he received, the size of your husband's employer and the number of days your husband has been off from work during the preceding 12 month period and the reasons for those absences. I would recommend that your husband meet with an attorney who practices extensively in the field of labor and employment law to thoroughly evaluate your legal rights and reach a meaningful determination of whether or not those rights were violated.

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Answered on 6/28/01, 7:32 pm


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