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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Legal
Satisfied Customers: 1718
Experience:  Practicing Attorney with 10 years experience
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Do you answer wrongful termination discrimination case,

Customer Question

do you answer wrongful termination discrimination case
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: arkansas
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: i have and outline with chain of events i can attach
Submitted: 14 days ago.
Category: Legal
Customer: replied 14 days ago.
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”.
Key Points
 I am a 52-yr. old white male
 The new HR Generalist was still within her 90-day probation period
 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.
Questions
 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?
Expert:  Asad Rahman replied 14 days ago.

I do not think you have a good claim unless you can prove actual age discrimination. I do think you may have some merit to the FMLA claim. Although they did allow you to return to your position per FMLA, firing you so shortly after your return is very suspicious and not in the spirit of the FMLA law.

Expert:  Asad Rahman replied 11 days ago.

If you have any additional questions just let me know otherwise a positive rating would be greatly appreciated.

Customer: replied 11 days ago.
This was a layoff of one shortly after my return from fmla leave. Would an attorney take this case on a contingency fee basis?
Expert:  Asad Rahman replied 11 days ago.

Some do, but it just depends on what the damages might be if he is successful.