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I was recently( sept 1st) let go after filing a workmans…

Customer Question
I was recently( sept...

I was recently( sept 1st) let go after filing a workmans comp claim from a chemical inhalation injury that put me in the ER coughihng blood. i had been a pools and fitness director at the same health club for 16 years with great performance reviews and raises each year as recent as jan 2017. there was never any warnings and i had been out of work on leave oredered by my dr with note whcih my supervisor excepted. on sept 1st while still out on sick leave my wife recieved a certified letter in the mail that stated i had been terminated with no explanation ohter that given my past employment history. in the letter i was offered a few months severene and a release that sounded like it gave up all my rights. there was no deadline listed and nothing about discrimiation or right to have attorney look at it. my sister thougth this may be illegal as i am 55 years old. the facilty is owned by a high profile industry CEO( i am also a current employee of this persons company) so this is a somewhat complicated case. my main questions is stil about negotioning a fair settlement. sorry for the typos. thank you

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Vermont. i do have a workmans comp attourney, but was looking more on the severecne issue and possbily going out of state because of the high profile nature of the owner

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There are quiet a few working parts to this since i am still out of work because of the chemical injury and my personal involvement with the high profile indivdual its a litle confusing. i just wanted to let them know. Thank you.

Submitted: 7 months ago.Category: Employment Law
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Customer reply replied 7 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 7 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 6 minutes by:
9/28/2017
Employment Lawyer: Roy Hadavi,
 replied 7 months ago
Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,280
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

As you are aware, Vermont is an at-will employment state. That means that either you or the employer can terminate the employment relationship at any time for any reason or no reason at all. The limitation is that employers cannot terminate an employee for an illegal reason, such as discrimination or retaliation for exercising an employee's legal right.

It seems in the current instance that you may have had your Family Medical Leave Act (FMLA) and American's with Disabilities Act rights violated.

FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. FMLA applies to Private-sector employers, with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer. In order to be eligible you must:

  • Have worked for the employer for at least 12 months;

  • Have at least 1,250 hours of service for the employer during the 12 month period immediately preceding the leave; and

  • Work at a location where the employer has at least 50 employees within 75 miles.

If all of the above applies, then you may file a claim against your employer for violating your FMLA rights. Here are some helpful links for additional information on FMLA and on filing a complaint:

  • Family Medical Leave Act Summary
  • Protection for Individuals under the FMLA
  • Filing a Complaint with the Department of Labor

Here are some helpful links regarding the ADA:

  • Information about the ADA
  • Filing a Complaint with the Department of Justice for ADA violation

You may also have a claim for discrimination based on your age. This one may be slightly more difficult to prove, since you would have to show that you were replaced by someone much younger. You can file a complaint for discrimination either with:

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Customer reply replied 7 months ago
thank you. i was more interested i teh severecne offer but i not sure if this is the right site as this is info i already had.
Employment Lawyer: Roy Hadavi,
 replied 7 months ago

Apologies. I misunderstood. What is your question regarding the severance offer?

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Roy Hadavi
Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,280
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Experience: Attorney at Law Offices of Rosenstein & Associates

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