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Question

Is there an expert available to answer questions ref lay off from a city police department (19+ yrs) in Illinois? Have been on a FMLA (intermittent/medically certified) past 3yrs but was told due to city-wide reduction in force I was being let go. mrs sj

Submitted: 309 days and 2 hours ago.

Category: Employment Law

Value: $30

Status: AWAITING CUSTOMER ACTION

naperville, Illinois

Already Tried:
I have only 45 days to respond to a separation/release of claims agreement presented by the city for a severance package (worked 19+ yrs) and am a minority female also. Noticed that youngest aged employee laid off on the same date as I is 23,then next is 33,40,41,42,43,44,47,48,49,50,51,52,56,61,lastly 62 according to figures provided by the city.

Accepted Answer

If you were on FMLA leave usually your job is protected from firing or lay off.
But if the employer has a valid business reason to elimanate the position, they can do so even if you are out on FMLA at the time they decide to lay you off.

Accepts:
Expert:	Shelley
Pos. Feedback:	98.6 %
Answered:	1/18/2009

Lawyer

Unemployment Compensation Attorney

309 days and 2 hours ago.

Reply

hello, I added additional info to my question for further clarification if this helps with the response...

Posted by Shelley 308 days and 12 hours ago.

Answer

Before you sing the severance package you should review your layoff information with the EEOC. You may have a claim of an adverse impact based upon the ages of the persons who were all laid off.

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