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, new job would have been 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!

 

[jacksgal]

There is no requirment they give you notice of change. However they they gave you til Aug. Furthermore there is no wrongful termination for two reasons.

1. You were offered a job but refused. You resigned

2. Wrongful termination is a termination that violates Law. What law was broken?

I am sorry for your situation but it appears there is little you can do

 

[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.