Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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: 10 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Customer reply replied 10 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 10 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 10 months ago
Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,501
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.

Ask Your Own Employment Law Question
Customer reply replied 10 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 10 months ago

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

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Roy Hadavi Your Own Question
Roy Hadavi
Roy Hadavi
Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,501
1,501 Satisfied Customers
Experience: Attorney at Law Offices of Rosenstein & Associates

Roy Hadavi is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I am looking for answers about a workmans comp case in
I am looking for answers about a workmans comp case in Arizona. … read more
lawyerJ
lawyerJ
Juris Doctorate
164 satisfied customers
My father in law worked company as a supervisor chemically
My father in law worked for a company as a supervisor chemically cleaning the insides of large tankers. Thursday of last week he was injured on the job and sent to a doctor. His manager called him and… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I live in the state of Texas. I have been receiving workmans
I live in the state of Texas. I have been receiving workman's comp wages from an on-the-job injury at a local hospital. "This local hospital" had been using a "particular workman's comp insurance comp… read more
Delta-Lawyer
Delta-Lawyer
Doctoral Degree
3,510 satisfied customers
I work in Illinois and Im about four months into a Workmans
I work in Illinois and I'm about four months into a Workman's Comp on my neck and back. My doctors have been more like judges, like "If your back pain doesn't radiate down your leg then WC won't autho… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,508 satisfied customers
I am on workmans comp from a slip and fall injury at work that
I am on workmans comp from a slip and fall injury at work that was filmed on videotape ( I work as a RN and the nursing units are filmed 24/7. I was running to keep a high risk fall patient from falli… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Workman comp is responsible for patients long time back injury
Workman comp is responsible for patients' long time back injury coverage. Years ago a spinal cord stimulater was implanted. Within the more recent past, Al Faucher (patient) developed cancer which spr… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have been a teacher for 18 years-the last two years I have been a resource specialsit an
I have been a teacher for 18 years-the last two years I have been a resource specialsit and sit at my computer a lot. I have had severe shoulder pain since November, got an MRI, impinged shoulder, get… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was injured at work last sept. at that time my claim was
I was injured at work last sept. at that time my claim was denied. I eventually had to quit my job due to me not being able to perform my job any longer. Since then I have fought and got my workmans c… read more
AttorneyTom
AttorneyTom
Attorney at Law
Juris Doctor, BSBA
1 satisfied customers
I am in need of advice on a situation that pertains to workmans
I am in need of advice on a situation that pertains to workman's comp and unemployment benefits. Situation as follows. I started working at Home Depot , in Arkansas, 2 years , 3months ago. I had no pr… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
in march of this year i made known to the company that there
in march of this year i made known to the company that there was a safety issue associated with the job.the company examined the job and found five areas that has high probability of personal injury a… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
My 43 yr old Dtr was diagnosed with invasive aspergillosis
My 43 yr old Dtr was diagnosed with invasive aspergillosis August 30,2010. She received news that her fungal blood cultures were positive. She knew that she got rashes at work(optomitrist). THe buildi… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I recently had a workmans comp injury on May 4th, and was fired
I recently had a workmans comp injury on May 4th, and was fired from my job. I am now trying to apply for individual health coverage. I got a letter in the mail from the insurance company stating that… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was injured at work on March 11th at my place of employment
I was injured at work on March 11th at my place of employmentin New Hampshire - I fell in my cubicle at work (embarassing to say the least) and broke both bones in my right wrist. I had to have surger… read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
I was a 20 year employee that got hurt on my job they fired
I was a 20 year employee that got hurt on my job they fired me soon after.I filed a workmans comp claim and soon will have trial for it.In the mean time the comany violated the workers disibility act … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
Recently i started having upper back & shoulder pains at work.
Recently i started having upper back & shoulder pains at work. i went to a dr & was told it was an over irritated muscle. he wrote scripts for a mild muscle relaxer & anti-inflammatory, wrote a note f… read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
I was hurt at work on 1/11/08 worked light duty until 4/16/09
I was hurt at work on 1/11/08 worked light duty until 4/16/09 had surgery on 4/17/09 due to the work related injury. I am still collecting workmans' comp but on 10/16/09 I received in the mail a lette… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I got injured at work on July 1st. The Doctor said I broke
I got injured at work on July 1st. The Doctor said I broke two bones in my toe and I had to stay off of it. He put me seeing a specialist and going back to work on the 8th unless the other Dr. says ot… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
i had been hiring through our local employment agency and did
i had been hiring through our local employment agency and did not carry workmans comp. my next employee was hired through my company and i did not reinstate my workmans comp insurance by mistake on my… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x