Can I persue this legally?

[Speedbump]

Worked for company 18 years, hurt on the job, worked for 23 months without taking any sick time but visiting doctors. Finally it was decided a Spinal Fusion L5/S1 was required. Had operation, expected to be out for 4 months but it was extended to 6 months. On 01 Feb I received letter from employer advising my position was now gone effective 01 Feb! no notice etc. They gave me until 11 Feb to accept a completely different job as long as I took it before 01 Aug. Decided NOT to accept new position, like asking a Doctor to answer phones!

I am over 60, now have on the job injury and believe I was wrongfully terminated by them not giving me at least advanced notice (14 days) of their intended action so I could make an informed decision with the Doctor of what to do. Specialized job so can't just go an get another especially at my age.

Any guidance greatly appreciated. Thanks!

 

[seniorjudge]

You need to talk with an employment attorney.

 

[clay]

REursue

Unlawful termination may be on hand.
Confer with an employment lawyer in your area so that clear guidance can be approximated.

 

[cbg]

Just as an FYI, the LONGEST that your employer is required to hold your job is 12 weeks. After that, if you are unable to return to work, your employer may LEGALLY terminate your employment unless there is a state law or legally binding policy that specifically says otherwise. This applies even in the case of a work related injury. There is no law that requires them to give you 14 days, 14 hours, or 14 minutes notice.

I agree that you should be speaking to a workers comp attorney to assure that all your rights are protected, but a six months absence is twice what the employer is required to give you by law.

 

[Scooterdog]

Speedbump:

You may have something. With that many years there, they owe you a duty of "good faith and fair dealing". YOu need to find out what that consist's of in your state.

You may want to look at the following:

Age Discrimination in Employment Act 29 U.S.C. Sub. Sec. 621-634

Americans with Disabilities Act of 1990/ 42 U.S.C. chapt. 126

Rehabilitation Act 29 U.S.C. sub sec 791, 793, 794(a)

Perhaps some of this may apply to your case. It would be worth a look.

 

[Innerlaner]

Some employers will hold your position for only so long and then they need to fill it for business needs. However, it doesn't sound like you were terminated from the company because they offered you something else that was available.