I was on short term disability due to a cancer. My short term disability ended in February and I was put on long term disability not able to return to work yet. I will be 58 in August. I have worked for this company for 14 yrs. I think they have retired m

Is this discrimination?

1 answer  |  asked May 15, 2016 09:42 AM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
Your situation requires a consultation with a lawyer because you don't want to post too many details on a public forum since your city of residence may disclose who you work for.

The ADA and FMLA are very active areas since so many employees are experiencing similar situations. The specific facts, what your employer knew, what you did, how it responded and when will determine whether laws are or were violated.

Seek legal counsel soon - and before you sign any release or waiver of rights. Also, timing could affect charges you might file and doing so without legal counsel is usually not a good choice. If you miss filing deadlines that can be fatal depending on what you were told and when. Good luck.

Age discrimination is difficult to prove but being regarded as disabled if you are not is illegal and not being accommodated (which sometimes can include extended leave) can also be unlawful. More facts are needed and be careful relying on HR since they protect employers and not employees in most instances.

posted by V Jonas Urba  |  May 15, 2016 1:11 PM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Virginia Employment Lawyers

Sheri Abrams Sheri Abrams
Sheri R. Abrams PLLC
Oakton, VA
Edward Lowry Edward Lowry
MichieHamlett
Charlottesville, VA
Matthew Kaplan Matthew Kaplan
The Kaplan Law Firm
ARLINGTON, VA
Matthew Sutter Matthew Sutter
Sutter & Terpak, PLLC
Annandale, VA
Gerald Lutkenhaus Gerald Lutkenhaus
Virginia Workers Compensation & Disability Lawyer
Richmond, VA

more Virginia Employment Lawyers