Legal Question in Employment Law in Indiana
will the real reason for termination please stand up
After 13 tears of service my employement was ''concluded'' while I was on disability leave for a total knee replacement.I had used all of my leave time and was on long term disability being compensated through disability insurance. The top administrator wanted me to return to work 4 weeks earlier then what my doctor recomondation. The top administrator came to my home with my supervisor. I handed him my doctors written statement. He would not accept it and handed me a letter stating in short my position needed to be filled to keep up with the demand for service and that my employement was ''concluded''.
He also stated that he would have to train the the new person. Training a new person takes from 5 to 12 months. I would have been back in 4 weeks. He told me that when I was released by my doctor I could reapply when there was an opening. Now, three months later there is an opening posted for the very same position that I had. In short they will not let me apply. Also I was to testify for the plaintiff of a civil suit against the parent company
that same month of my termination. The parent company opted to settle in the 7 figure range. I don't believe my not being released had anything to do with my termination. Do I have a case?
1 Answer from Attorneys
Re: will the real reason for termination please stand up
You may have a cause of action under the Americans with Disabilities Act. Can't tell from the facts you gave here. These cases are very fact sensitive. I can't tell, for example, whether or not you sought a reasonable accomodation. It sounds like you may have, but there's just not enough detail for me to know at this point.
You need to immediately contact an attorney who has experience in this kind of law because there are deadlines running and if you miss those deadlines, you lose any claim you may have under Title VII.
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