Legal Question in Disability Law in Texas
rotator cuff surgery
I fell and injured my right shoulder Aug 21,2007.
I had surgery Sept 26,2007. On 10 2,2007 I saw my Dr. surgeon as a follow up after surgery.My surgeon gave me a , no use of right arm or off work restriction and are to return after 5 weeks 11/6/07 I went to work the next day 10/3/07 and asked my supervisor I they would be responsible for and accidents to and from work and on the job since I was taking Hydrcodone-Apap and it would impair me..
The supervisor sent me home and asked me to keep in touch with a call ever so often.
I had to call the insurance adjuster and inform them I was going to be off work. They said they would call me later and inform me of my benifits.
I am 60 yrs old and afraid of being terminated. Do I need an attorney
and if I got an attorney would it make a difference as to being terminated maybe because of my age? I am the oldest in age at my company with everyone else being under 40 and have been passed up for a supervisor position 6 times in 1 yr. even though I have been employeed 3 to 6 yrs longer than the rest of the promoted supervisors.
1 Answer from Attorneys
Re: rotator cuff surgery
If you are taking time off of work for a medical condition under doctor's orders, your leave may be covered under the Family and Medical Leave Act, and your employer cannot terminate your employment because you are on Family and Medical Act leave. Your employer also cannot terminate you because of your age. You may also have a claim now that you have not been promoted because of your age. I am an attorney in Austin and would be glad to consult with you on these issues.
Feel free to call my office and speak to my legal assistant Ashley to set up an appointment if you wish to discuss this further; or visit our website www.rosslawpc.com for more information
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