My husband has cancer. His company will not let him return to work as they say it would be all he will think about and it makes him an unsafe driver. .Is this legal ?

by Deborah Clemens
(Coshocton, Oh)

My husband has been an over the road trucker for almost 10 years. The company he works for now, he was with about four years ago for a couple of years then left for more money per miles, and was called and asked back two years ago with higher pay, which tells you his driving record....

Two weeks ago while on his annual vacation, he went to the dr who sent him on to the hospital for lab work and scheduled him with a surgeon, who does general tumor surgeries and colonoscopies. He found a cancerous tumor that is too large to do surgery on until the oncologist can do radiation and try to shrink it...The oncologist said it would be approx. six weeks for the radiation, then six weeks of waiting and then after the 12 weeks, if it has shrunk, he will do surgery...

My husband has kept them informed and took release papers from the DRs. in to them when he returned from his vacation...his company allowed him to work four days when he returned..then he was scheduled for the visit with the oncologist on the following Monday and when I took him back to the dispatcher's the next day for his truck and he gave them his release back they called us in the office and we were told he cannot drive with cancer as he wont be able to keep his mind on his work...

they forced him to fill out FMLA papers after vacation when he took the first two doctors release back to work forms in as they told him they would keep his vacation pay if he did not fill out the paperwork...he gets no short term disability from his work and they told him he would have to pay for his insurance...is this legal to not allow a driver who has been released from three drs stating he can return to work, to not get to work? does he have any rights?

This to me falls under the disability act on discrimination...he has not shown negligence on the job before or since he received news he has cancer so this is just their minds creating a problem that isn't there...What is his recourse?