My question involves labor and employment law for the state of: New York
I think I was fired due to FMLA covered illness
After 16 years of dedicated service - during which time I consistently received many promotions, merit increases and performance bonuses - I was fired 88 days after I returned from FMLA leave with STD benefits. The given reason was that my position was eliminated in a re-org.
I worked in NY State for a very large, publicly traded company, at the company HQ. For the past 6 of my 16 years I was responsible for taking on added responsibilities previously covered by 3 other full time positions (victims of downsizing) and mostly worked 50+ hour weeks as a result of the work load. Each year I had to forgo using most of my earned paid time off due to work load and deliverable schedules and lack of job back-up. Since the company policy is 'use it or lose it' on PTO, I effectively have lost thousands of dollars over the years that was due me in benefits. I also was required to work remotely while on my paid time off, whether it was sick leave or vacation. I participated in all this because I loved my job and was passionate about it.
Late fall of 2012 we had a change in management. In January of 2013 I was blindsided by an acute, life threatening illness that required emergency surgery with extended time in ICU as well as a second surgery and ICU stay – for a combined total of a month in the hospital. I was out on FMLA with STD benefits for 8 weeks, returned to work full time for 8 weeks, and then had a new FMLA/STD leave for another 8 weeks to have the second half of my surgery.
During my leave (from my hospital bed even) I continued to try and help out at work as much as possible. The day after I returned from the second leave (end of July 2013), my husband became critically ill and was hospitalized for a full month. I split my time - with management's full approval - between working remote and in the office. Never once in the last 88 days did I miss a deadline or did anyone complain about the quality of my work.
Since the actual duties I have been performing were not eliminated and the stated plan is to hire several people to replace me, is it really valid for them to say that my position has been eliminated?
Given my work history and consistently positive performance appraisals, I cannot help but feel that I am being let go because I am a female over 50 and was so ill for so long this year (first hospitalization in my life, so this was not a pattern), with the additional points against me being my husband's medical condition (his second critical illness in 2 years). I think the company views me as too expensive medically to keep, and that they are viewing me as an old used up part to be replaced, despite my now being in better health than in many a year at this point.
PS. I also have first hand knowledge of a half dozen ex-coworkers who sued for wrongful termination in the past decade and in every case the company paid out of court settlements.
Do you think I may have a case worth discussing further with an attorney? Thanks for any insight!

