absence due to illness

by Traci
(Oxnard, CA, USA)

I have worked for this company on and off for about 5 years. I have severe asthma at times. This past March and April I was diagnosed with Pneumonia and almost hospitalized. All Dr's notes were documented. I am still experiencing some episodes of severe Asthma. While at home ill today the CFO of the company calls to let me know I have been "let go" due to absences from illness. He then encourages me strongly to pursue Disability and feels it is in my best interest that he advise me to do so. The last time I left the company was last July 09, resulting from a heart-related issue that has been remedied, I was encouraged to get unemployment while off work and when I filed it was denied based on the comments by the CFO who is now "letting me go" and encouraging me to get Disability insurance. I understand that an employer can fire at will; however, is any of this illegal?



Traci,

Has FMLA been exhausted?