I was hired by GRT Rubber Technologies on 1/18/2015 as the Director of Human Resources. The following timeline of events took place over the past three months leading up to my separation and offer of six weeks’ severance.
1/18/2015 Hired as Director of Human Resources
4/15/2016 Receive a pay increase of $ 3,000. Salary increased to $ 88,000 from $ 85,000
5/24/2016 Human Resources Generalist demoted and moved to an hourly production position (45 yr. old white male) $ 53,000
7/11/2016 Hired new HR Generalist (31 yr. old white female) $ 47,000
8/12/2016 I take Family Medical Leave to repair a herniated C 6-7 in my neck. On 8/17/2016, I have my disk surgically repaired.
9/12/2016 Return to work three weeks early with a cervical collar.
9/12/2016 – 9/28/2016 Worked full-time wearing cervical neck collar
9/28/2016 Doctor allowed me to remove the neck collar
10/6/2016 The president/ceo came in and said, “I have some bad news, I’m going to have to let you go”. He said, “I have a severance
Package of 6 weeks’ pay for you”. I said, “you got to be kidding me”. He said, “I know the timing is not good, but I had to make
some hard decision with business down”.
I am a 52-yr. old white male
The new HR Generalist was still within her 90-day probation
The new Generalist is 31 yrs. of age and was hired at a salary of $ 47,000
I have never received or been counseled for any performance issues
Received a pay increase of $ 3,000 in April 2016
I was terminated 6 days after my cervical neck collar was removed
When I returned from FMLA, the president/CEO barely acknowledged my return and had very little conversation with me leading up to termination. Very different from before the leave of absence.
I was the only employee
released. There was a part-time intern whose job ended while I was on medical leave.
Is there potential merit to an FMLA discrimination claim for the termination?
I was released and the HR Generalist is still with the company. She was within her 90-day probation period when I was terminated. I am a 52 yr old white male and she is a white female 31 yrs of age. Do you think I have an age claim worthy of filing?