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Termination during medical leave


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#1 Lilbit4444

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Posted 19 December 2012 - 02:22 PM

I was terminated from my job while on medical leave from a surgery. They did not word it as such but said my position was no longer available. There were 2 other employees doing the same position whom I trained. These employees were much younger and I had seniority ,yet they were not terminated. Is this legal for them to do this? I am in the state of Nevada.

#2 Fallen

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Posted 19 December 2012 - 02:55 PM

You haven't provided enough info, e.g., whether employer was subject to FMLA, whether you were eligible, and whether if so you'd taken off the 12 weeks allowed under FMLA. If FMLA didn't apply, an employer's free to hold a medical leave against you.

Just saying your position is no longer available doesn't mean there's any reason to think that they should have fired someone else with less seniority or who was younger.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#3 FindLaw_Amir

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Posted 19 December 2012 - 02:57 PM

To learn more about this subject matter, you may wish to visit the Employment Law Center and read Losing a Job as a good resource.
FindLaw's Legal Heads-Up! newsletter can provide you with the legal resources you need to make informed decisions when law touches aspects of your everyday life.

#4 pg1067

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Posted 20 December 2012 - 12:59 PM

Just saying your position is no longer available doesn't mean there's any reason to think that they should have fired someone else with less seniority or who was younger.


I'm not sure who "they" are, but the facts stated, if proven, would just about prove a prima facie case of age discrimination if the poster is over 40 and the other employees mentioned are under 40 (although I can't say so with specificity regarding Nevada law).


They did not word it as such but said my position was no longer available.


Who are "they"? Your employer and who else? And, instead of telling us how "they" did not word it, it would have been more helpful to tell us how "they" did word it.

#5 Fallen

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Posted 20 December 2012 - 01:03 PM

Telling someone their position is no longer available can mean any number of things. People come here regularly thinking long-term seniority means they're least likely to be let go, but poster's info doesn't say anything to indicate (s)he was let go because of his/her age. If (s)he's willing to provide some more info, we can drill deeper into the prima facie age discrimination notion.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#6 pg1067

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Posted 20 December 2012 - 01:09 PM

poster's info doesn't say anything to indicate (s)he was let go because of his/her age.


Who cares? Are you familiar with the elements of a prima facie case of age discrimination (i.e., the real elements that come from applicable case authority, not what you think the elements ought to be)? Your comments suggest you are not. While it may well be that the employer could rebut the poster's prima facie claim -- and we're obviously not in any position to consider that possibility -- and while it may be that the poster was not performing his/her job in a satisfactory manner such that he/she cannot make out a prima facie case, all of that has nothing to do with whether the elements of a prima facie case are satisfied.




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