My husband was employed by a company in NJ. He had open heart surgery in May of 2010. After a couple complications, he was released to return to work November, 2010. The company was being notified of his progress. He submitted to a physical by the company physician. Upon entering the company office after this examination (he was approved to return to work), they told him his services were no longer required. They escorted him to his office, he cleaned it out and that was it. What can we do about this. His position and work is now being done by the person he trained... and who is younger!

Sue for what? Does he have a contract ?

The company physician found him not suitable for the work he had previiously performed and the company had no other recourse but to terminate him. End of story. The company physician had the last call.

We don't know why he had to have open heart, you don't say how old he is, or what type of work he was performing. We can't give an appropriate answer for this.

You can't do anything.

Tick

I'm not so sure here. If your husband's company is covered under FMLA, then his job was protected by FMLA.

If he was approved for return by both his own and the company physician, then I think you have a case of wrongful termination. I suggest consulting an employment law attorney.

The company physician found him not suitable for the work he had previiously performed and the company had no other recourse but to terminate him. end of story. The company physician had the last call.

We dont know why he had to have open heart, you dont say how old he is, or what type of work he was performing. We can't give an appropriate answer for this.

You can't do anything.

tick

Please read again Tick, he WAS found suitable to return to work.

I agree with Scott, there may be a wrongful termination if, and only if FMLA was applicable here.

However, not all companies participate in FMLA and if there was no employment contract they may be within their rights to terminate.

No contract. He was 57, desk work - engineer. A routine physical and tests determined blockage, supported surgery to correct this. Company doctor released him for work. I thought perhaps we could sue for wrongful termination. FMLA is recognized at this company, 50+ employees. I just didn't know if we had any recourse with the 'employment at will', but the fact they did not have a job for him upon his return did not seem right.

If you are looking at "employment at will" they were within their rights to terminate him.

Did he ever fill out the FMLA paperwork? That's the kicker here.

As J_9 said, FMLA is the kicker here. FMLA can protect the job and trump the at will aspect.

It's not a slam dunk, but its definitely worth talking to a employment law attorney about.

Thank you all for your input. I appreciate your time and attention to this inquiry.

Good luck and keep is posted.