Legal Question in Employment Law in Texas

My wifes supervisor has just issued a proclamation to her (written to follow) that I am not to call into the company representing her in anyway. Note she was recently in ICU for 3 days from a heartattack and her cell phone was disabled so all calls came through me. The supervisor and I never having previous discussions got into a heated sparring match on the phone over when my wife was eligible to return to work. I had a medical work release signed by the physician but the supervisor suggested my wife was a health risk to the company and possibly too much of a liability. I thought this portion of her arguement was dangerously close to discriminatory though I never suggested it. She simply didn't like having been yelled at by a husband. Note I'm the husband and have full power of attorney. WHOELSE would speak for my wife should she be incapacitated ? Is this supervisor opening herself and the company to discrimination and should I be concerned about this proclamation ?


Asked on 8/03/11, 11:17 am

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

You may have a case for violations for FMLA or ADA.. but you need to call such employment lawyers..a specialty..and employers rarely negotiate with spouses, regardless of the problems..so without knowing more it is not good to give advice so I recommend calling an employment lawyer who may charge a nominal fee or none..

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Answered on 8/03/11, 12:33 pm


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