What to do if my father is in the ICU fighting for his life and his boss told my mother that he has been “aid off?

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What to do if my father is in the ICU fighting for his life and his boss told my mother that he has been “aid off?

Can they do that? Just cut off his benefits?

Asked on August 23, 2011 Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should consult with an employment attorney on behalf of your father. The answer depends on the situation. As a general principal, IF your father is using a protected leave for his absence (e.g. FMLA leave), or paid time off he's earned (e.g. sick and vacation days), or is protected by some employment contract or agrement (including a union one), he can't be laid off. On the other hand, if he doesn't have any PTO or isn't using FMLA leave, then as heartless as it is, the company can probably lay him off or otherwise terminate him. Also, while he can't be retailiated against for using FMLA leave or properly earned PTO, he can be laid off due to a restructuring, reorganization, or downsizing, or fired for performance issues or rule violations. So the specific facts are everything in determining his rights and his recourse. Good luck.


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