Mother of autistic child fired after questioning health plan says son was left without therapy

Despite the new sentence canceling the convictions, including the employee's reinstatement to the workforce, the woman continues working because the process still allows for appeals. "I will not give up. I will continue defending what I believe to be fair, always through legal means and with respect for the decisions of the Court, using all the resources provided by law. I am confident that, at the end of the process, the entire situation will be analyzed completely", he stated. Repercussion After the second instance decision canceled the conviction that favored the employee, she began to suffer from comments and speculation from colleagues in the market environment. "I did not suffer any direct retaliation from my superiors. However, it is impossible to say that a process like this does not cause emotional distress", reported the woman. She added that she was surprised by the judge's decision to annul the convictions. According to the employee, she returned to work due to the need for resources to care for her son, as she is a single mother and was sent away without receiving termination due to the health plan debt. "Leaving the company without receiving a single penny was one of the most difficult moments of my life. My despair was not for myself, but for not knowing how I was going to support my home and continue guaranteeing my son's treatment", he stated. Despite this, the woman chose to interrupt the boy's therapies until there is a definitive decision on the process. “My son is the most affected in the story because he has difficulty at school, so therapy helps a lot”, she added. Hope The employee said that she never wanted to harm the company, she just sought recognition of her rights, as she was surprised by the sudden dismissal without termination after four years of service. Therefore, she does not intend to give up the process and is hopeful that the courts will recognize her rights. “The decision that reformed the sentence was very difficult for me, but it does not end my fight”, he claimed, reaffirming that he was not aware of the costs of treating his son with co-payment from the health plan. "I earned less than R$2,000 net per month. If I had known that one day I would have to pay such a high health plan co-payment in one go, I would never have been able to make that commitment", he recalled. Remember the case The Labor Court annulled, in the second instance, the decision that forced Roldão Atacadista to reinstate an employee who was fired after questioning charges for the health plan used to treat her autistic son. The reversal followed an appeal filed by the company, but the worker's defense informed that it will appeal the decision. The case's rapporteur, Maria Inês Ré Soriano, canceled the reinstatement and excluded the financial sentences. She and the other judges recognized that the woman contacted HR due to the charges, but concluded that there was no evidence that the complaint led to the unfair dismissal. In the decision, the rapporteur argued that the employee's problems with the management of the plan and the attempts to pay in installments do not prove retaliation. According to the judge, "excessive use due to your child's health condition, in itself, does not give rise to possible restrictive conduct by the employer”. The woman's lawyer, Mateus Lins, stated that he disagreed with the result and informed that the employee continues to work at the wholesale chain as long as the process allows for appeals. The defense will file motions for clarification to try to complement the trial. If the decision of the second instance is upheld, the lawyer stated that he will appeal to the Superior Labor Court (TST). VIDEOS: g1 in 1 Minute Santos