Legal Question in Employment Law in Delaware

Lay-off while on medical leave in Delaware

Hello.

This is on behalf of my mother. She recently underwent surgery for breast cancer and was on medical leave from her job at a major pharmaceutical company. After her surgery and a few days before she went on medical leave again for a follow-up surgery she was told she was being laid off. She works through December. Also, another person in her dept. was laid off, and also was on medical leave for an equal amount of time. They were the only two on medical leave. It seems mighty suspicious and wrong, but I'm having trouble finding statutes on the issue if they exist. Is there any legal wrongdoing there/a basis for a case? Any insight would be greatly appreciated, especially reference to specific statues/prior relevant case law.

Respectfully Yours,

PMM


Asked on 10/14/08, 12:31 am

1 Answer from Attorneys
Terrence Valko ERISA Disability Lawyer

Re: Lay-off while on medical leave in Delaware

sounds like your Mother has a colorable ADA (Americans with Disabilities Act) case if she is administratively removed from the pharmaceutical company's payroll.

good luck to you and her.

T

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Answered on 10/15/08, 9:56 am


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