My husband was terminated!

Question

My husband was having chest pains at work last week. He worked all night 11-6 and finally couldnt take the pain anymore and asked if he could leave to go to the ER. They drilled him about the machine he was running saying things like "do you do this or that". My husband said no he couldnt climb up the stairs because he was hurting so bad and was afraid he would fall. (The supervisor new he was having these pains but did nothing except ignore him and go outside for a smoke break)

My husband has high blood pressure and lost his mother and brother in the past 5 years to heart disease.

Finally at 6:30 am that morning they told him he could leave but to bring back a doctors excuse. My husband went straight to the ER and went back to work with the excuse at 9:00 am that same morning.

When he got there he was taken to the plant manager where they said he was terminated and that they did not need his excuse!!

They also made up at story that my husband put in a 2 week notice and they had the right to go ahead and let him go. He did not give a 2 week notice. Jobs in our small town are hard to come by and we have 3 kids.

Do we have any rights? Can we sue? Please help if you can. We live in Arkansas.

Answer 1

Get a good lawyer!

-- Liam

Answer 2

First, have them prove the 2 week notice.  If it was not in writing then there is no proof.  2nd, I don't know about your state, but I live in TN and it is a "work at will" state.  Meaning there does not have to be a reason to dismiss you, if you have blue eyes and they want brown, you're gone.  The problem is going to be getting unemployment and I would certainly contact the EEOC - that's federal - not state agency about the physical issues.  The cost of fighting for 'wrongful termination" is high.  He will need to go to the unemployment office and file a complaint about being forced to work with chest pains.  Exactly what was the reason the ER found?  If, he was not able to work in that particular position, due to health related issues, they have an obligation to find him another position.  You must have permission from the fed EEOC to file charges for health dismissal or discrimination.  Good Luck!