Employment Law Questions? Ask an Employment Lawyer.
Hi and welcome to JA. Ray here to help you.Were you granted FMLA, Family Medical Leave, was this job related--was workers com involved?
The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.
FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women.
FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:
Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours or work.
So did you have paid medical leave here at time of termination and was that approved..
Now I understand.I would consider an EEOC complaint arguing there was discrimination involved here, say age or sex or race.You decide which of these to claim.The reclassification was retaliation here for your illness and leave.It is worth a shot, you may also sue them on this basis.There may be both EEOC and a wrongful classification here that damages can be sought for.
It is clear to me that the employer here may have had covert ideas to force you out and loose your short term disability.You may also consider filing for SSDI or SSI from social security if you are unable to work.This might give you income while EEOC and civil suit are pending.
If you believe that you have been discriminated against at work because of your race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information, you can file a Charge of Discrimination. All of the laws enforced by EEOC, except for the Equal Pay Act, require you to file a Charge of Discrimination with us before you can file a job discrimination lawsuit against your employer. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity. There are time limits for filing a charge.
This would be your best protection.Your damages would be lost wages and /or lost coverage payments here for short term disability.EEOC offers you protection from being reclassified and maybe subtle means of such discrimination here.
I am truly sorry that they have done this to you.I hope you will file here with EEOC and consider a suit as well.
Lawyer referral with ratings.
he U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.
Here you may have multiple categories, certainly your illness can be a disability too..thanks again and the best here.
You have to argue that you are not an at will employee that there was discrimination here, it can be more than one category and certainly your illness is arguably a disability and this was retaliation here.
Carolyn it was my pleasure to help you.Use the lawyer referral and see if you can find one to take this contingent fee.I wish you the best with both this and your illness.Thanks again.
If you can leave a positive rating it is always much appreciated.Take care now.