Special Needs

DH lost his job

Yup DH lost his job and you are going to go crazy over the reason.  He didn't really get an explanation when it happened, he called his union rep because he didn't think there was any reason for him to have been let go.  Well his union rep and him wrote up a bunch of papers for reinstatement for his job and the rep went back to the dealership where my DH worked and gave them the papers.  They told them that DH couldn't have his job back, because ever since his baby was born with everything that has gone on with the baby it seems like his head isn't in it anymore.  Can you say discrimination?  We already have a lawyer on the case because we really need to keep our health insurance until he gets another job and the health insurance picks up, we can not be without health insurance without Jake.  I just can't believe they would be stupid enough to even say that because of his son his head isn't in it anymore, apparently they were never told what not to say to prevent a lawsuit.  I told my DH I don't want to take them to court it isn't worth it, but having Jake, we really don't have a choice.  What would you do?

Re: DH lost his job

  • I am so sorry!  And absolutely freakin' shocked at what they said.  I know it's hard - but I absolutely would not let this go without a fight.

  • Sorry to hear this.  If you and your DH go through with the lawsuit, good luck!!
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  • WOW!  I think my mouth just hit the floor. 

    I don't even know what to say..  I'm so sorry.
  • Oh My.  In a time of insurance loss like this, if you ended up needing to, you could file for medicaid (for some reason Im thinking you dont work... i might be wrong on this).   They will cover up to 3 months prior, so if there is a medical expense during the time it takes to file, they will pick that up after.

    On the job issue, I dont see a way not to fight it either... that is pretty stupid on their part!!
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  • I hate to say this, but in most places they can terminate you for something that isn't expressly prohibited under the law.

    So they couldn't fire him for race, religion, gender, ADA status or FMLA usage, but they might be able to just outright fire  him due to your son.  It is a shitty thing to do, but it may well be perfectly legal....

  • I have no idea what his Union contract says, but I would get a hold of it and read it QUICKLY (I am guessing that his rep has already done this). It is true that most employees are work at will employees, but, at least in California, most union employees are NOT work at will employees--that pretty much the benefit of being a union worker. So, they would need to be able to demonstrate cause. I'd think they'd have to have a documented history of a decreased work product. Do they have that? I know that "parents" or even "parents of special needs children" aren't a "protected class" under anti-discrimination laws, but, if they can't show a whole lot of cause, and you threaten a suit, I'd love to see them put up an argument in front of a jury. 

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