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Brandon, Esq.
Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1836
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I was let go after 23 yrs with a company. I had to have surgery

Resolved Question:

I was let go after 23 yrs with a company. I had to have surgery for a torn rotator cuff in 2010 and my other shoulder was injured in late Feb 2013. Was told I had too many days that I took off without enough notice. I believe it was the shoulder injuries, which were caused by the repetitive work I did. I think they just tried to have an excuse to prevent any more problems with my shoulders. There is more to add but this is the gist of it.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

Hello and thank you for your question today

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

Welcome to the chat

Employment-LawExpert :

When you took the days off were they all in relation to your torn rotator cuff?

Employment-LawExpert :

The anti-discrimination laws give you a limited amount of time to file a charge of discrimination. In general, you need to file a charge within 180 calendar days from the day the discrimination took place. While this can be extended in certain cases to 300 days, you would want to get your claim into the EEOC prior to that 180 day limit in order to fully protect yourself.

Employment-LawExpert :

You would have been able to take leave under the FMLA for up to a total of 12 weeks per year based on your condition.

Customer:

Some of them were. I had to take off work for 5 weeks in Nov/Dec 2012 for what my Dr. said was clinical depression caused by family events and also things at work. I was overloaded with strenuous tasks at work because my co-worker would not do her part . Boss was aware of this, but did nothing about it.

Employment-LawExpert :

Did you ever take off more than 12 weeks per year?

Customer:

No and the days I did take off were earned vacation days.

Employment-LawExpert :

Allright, then it definitely seems like you have an argument for their failure to enter into an interactive discussion with you, as well as their failure to provide you with the proper FMLA paperwork. At this point, you either want to keep calling attorneys to see if someone is willing to take your case or file a claim with the EEOC.


If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with. If you decide to file yourself with the EEOC you can do so here:

Employment-LawExpert :

In either case, you would want to claim that either 1) you were terminated due to your disability, or 2) the company failed to reasonably accomodate your disability

Customer:

Thank you so much, I feel there is some hope out there. I spent a big part of my life at that company.

Employment-LawExpert :

I completely understand where you are coming from. It is a shame when an employer feels that they can do whatever they want. Especially when that action is unlawful.

Employment-LawExpert :

Have I fully answered your question today?

Customer:

Yes I think you have. Do you think I should go ahead and file with the EEOC?

Employment-LawExpert :

I think that you should call a few more attorneys (at least 10) and then if you haven't gotten your answer before 180 days from your termination you should absolutely file.

Employment-LawExpert :

As that will protect your statute of limitations

Employment-LawExpert :

and they will launch an investigation

Customer:

OK , I will do that . Thank you.

Employment-LawExpert :

I am glad I could get you pointed in the right direction. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.


 

Employment-LawExpert :

Have a wonderful rest of your day.

Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1836
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 7 other Employment Law Specialists are ready to help you

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