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Lilbit4444

Termination during medical leave

6 posts in this topic

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.

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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.

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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.

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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.

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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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