I Was Fired For Taking Care Of Sick Wife What Are My Rights
Jan. 18, 2023
So, you work in Schaumburg at Park Lane Jewelry or Cruises International but need to take time off to help your sick wife. If you are caring for your sick wife in Schaumburg, you know it takes a lot of time, patience, and dedication. Sometimes, caring for an ill spouse can conflict with your work schedule. Fortunately, US workers are protected today by the Family And Medical Leave Act (FMLA), so you can care for your wife without fear of being fired.
However, some unscrupulous Illinois companies may ignore the FMLA and unfairly fire you when you care for your spouse. If that happened to you, a Schaumburg wrongful termination attorney will fight for your rights today.
What Are Your Rights Under The FMLA?
The Family And Medical Leave Act states that employees in certain situations can take unpaid leave without worrying about losing their jobs. The maximum time available under the FMLA is 12 weeks in a one-year period. The unpaid leave is available to eligible workers in these cases:
· The birth of your child or any care that is required in the first year of life
· Placing a foster or adopted child in your family
· A serious health complication that makes it difficult to do your job
· Caring for your wife, husband, child, or close family member with a serious health problem
· Situations that make you miss work to deal with issues involving a military spouse on active duty
If you think you are in a FMLA wrongful termination situation in one of the above cases, you should talk to a Schaumburg wrongful termination attorney.
Are All Job Responsibilities Protected?
Yes. The FMLA states that you must be able to resume your previous position at the same rate as when you took leave. Therefore, if your company cannot leave your job open, they must bring you back to an equivalent position. The only exception is a key employee who must be replaced immediately to avoid serious economic issues in the organization.
What Happens In Employer Retaliation?
Employer retaliation can happen to you when caring for your sick wife. This is where the employer takes actions against you for taking leave. For example, firing you because you cared for a sick spouse is employee retaliation under the FMLA. It also is illegal for the employer to put you in a lesser position at a lower pay rate.
Unfortunately, some employers may create a hostile workplace to encourage you not to take time off to care for your loved one. If you think your employer is doing this, you should talk to an attorney now. You also should submit a claim to the Equal Employment Opportunity Commission (EEOC).
Talk To A Schaumburg Wrongful Termination Attorney Now
When your spouse is sick, the last thing you need is to be discriminated on the job for caring for her. If you think you were wrongfully terminated, you have rights in Illinois. The Schaumburg wrongful termination attorneys at the Law Office Of Michael T. Smith & Associates can help you fight for your rights. Call us today at (847) 750-3851.