Legal Question in Employment Law in Texas

elderly disabled employment discrimination

My dad is 70 and has muscular dystrophy. His employer has been harrassing him for 2 yrs trying to get him to resign. He was out for emergency surgery and took FMLA 12 week leave. They terminated him when he requested some additional time off- AFTER returning to work. Prior to this they had told him he could no longer park in disabled parking.( he has a permit). They gave him a formal counseling ''write up'' for low productivity when he had been on approved leave. They would not pay him for vacation time when he was terminated. He was not ever notified of the termination. He received COBRA papers ststing he had been terminated - this is how we were notified. His supervisor told him that ''he was getting old''. Since the termination my Dad has been hospitalized for serious depression.


Asked on 3/12/03, 3:35 am

1 Answer from Attorneys
Roger Evans Mathis & Donheiser

Re: elderly disabled employment discrimination

Your father may have a claim for age discrimination. He will need to prove, among other things, that his age was the motivating factor for the termination decision, and not some business reason such as poor production, etc. Any statements which indicate an age bias and the pattern of the company with its other employees will be important as well. The company may or may not be legally obligated to pay for his vacation; that is a matter of written company policy. In addition, there are certain other requirements and considerations, but I believe there is sufficient basis to consult a lawyer.

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Answered on 3/12/03, 12:14 pm


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