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suing an employer

I was wondering if its possible to sue my husbands employer if he gets fired for not going to work 5 hours away from home, when in all reality from the FMLA he can take up to 12weeks for a family health issue; I just gave birth 7 weeks ago and am currently suffering from postpartum depression. He has yet to take any time off expect the past 2 weeks

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Asked by njstewart07 at 2:33 PM on Aug. 20, 2010 in Money & Work

Level 5 (100 Credits)
Answers (8)
  • No I don't think that you can. I mean if you really wanted to; I guess. If you don't like him working so far away. Then have him change jobs.

    Answer by elly25 at 2:35 PM on Aug. 20, 2010

  • oh I should add that if he does go he wont be able to come home since he would be working 12hr shifts and they wont pay for a hotel . .and elly we've looked for other jobs there are none hiring around we live except min wage and we cant live off of that

    Comment by njstewart07 (original poster) at 2:39 PM on Aug. 20, 2010

  • It is a law. Employers r required to not refuse to let an employee take that time off. During that time the employee will not and can not lose his job or position with the company.

    Answer by dancer at 2:45 PM on Aug. 20, 2010

  • his employer gives the FMLA

    Comment by njstewart07 (original poster) at 3:06 PM on Aug. 20, 2010

  • I went on FMLA when I went on maternity leave. On the form you fill out, it says you can take it for your own illness, the birth of a child or to take care of a sick family member. It also says, if possible, you need to give the employer as much advance notice as you can. Has he done this? Did he keep a copy of the form for his records? How it works is the employer has to sign it and give it back to the employee if the leave has been approved.

    Answer by HotMama330 at 3:33 PM on Aug. 20, 2010

  • they never gave in a form. .he works on a gas drilling rig and the office is 5hrs away and never has anything really do out on the rigs, he has told his boss about everything though & his boss is just being an ass

    Comment by njstewart07 (original poster) at 4:05 PM on Aug. 20, 2010

  • You might have to move so that the job is not 5 hours away.

    Answer by tootoobusy at 4:08 AM on Aug. 21, 2010

  • thats the thing. its only going to be 5hrs away for 2 weeks then its going to be 2hrs away for about a month then its going to be in our area. .his job is away moving but its always been about an 1 hour away

    Comment by njstewart07 (original poster) at 11:03 AM on Aug. 21, 2010

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