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  1. #1
    Join Date
    Dec 2016
    Posts
    1

    Default Illness vs Termination - Coincidence or Discrimination

    My question involves labor and employment law for the state of California

    I worked for a very long time for this company, had an illness, was told the termination should have been expected by me for a long while. Yet it the actual termination was given as they learned I was to be disabled for awhile. I was part-time employee but salaried but worked more hours than I was paid.I am over 65 but willing and able to work but feel that my age is part of a discrimination. I have contacted a few attorneys but no one seems to want to take my case but one did say that I should have been hourly. not salaried. I don't have a time card or logged hours but I do have some proof of times and days. Is is worth pursuing?

    As I have read here my disability will be running out and I will try for unemployment as I look for work.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Illness vs Termination Coincidence

    Raster is not asking enough questions (and I thought he already got banned from this board once).

    To determine if there is any cause for suit, please answer ALL of the following:

    1.) How long did you work for this employer?
    2.) How many employees does this employer have within 75 miles of your location? If the exact number is not known, over or under 50 will do.
    3.) In the 12 months immediately preceding the start of your leave, did you work a minimum of 1,250 hours for this employer?
    4.) How long have you been out on leave currently?
    5.) How long before your doctor estimates that you could return to work?
    6.) Were you exempt or non-exempt under the FLSA definitions?
    7.) How many hours are we talking about and how long ago?

  3. #3
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Illness vs Termination Coincidence

    Also, file very soon, like before the end of the year for unemployment benefits. Each quarter change will be a quarter of wages which drops off, to be replaced by a more recent quarter when you may not have been working. Unemployment benefits are monetarily based on the past 18 months, not your entire work history, and if you are off work for any significant length of time without filing a claim (which sets up for one year from the date filed) you may not have enough wages in the quarters to set up a claim. Even if you have not gotten off disability, or have not been released by your doctor, file the claim for unemployment now and see if you have monetary eligibility. You can then wait to begin drawing it out until you are released by your doctor to return to work.

    Unemployment insurance is not related to and can be filed for concurrently with other claims that you may be filing, with Wage and Hour or related to disability or age discrimination. It is to be available to those monetarily eligible who are out of work through no fault of their own and fully released by their medical provider as able, available and actively seeking work. But you need to file the claim right away before the quarters change again to try to preserve the wages in the quarters used right now.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Illness vs Termination Coincidence

    Quote Quoting comment/ator
    View Post
    Also, file very soon, like before the end of the year for unemployment benefits. Each quarter change will be a quarter of wages which drops off, to be replaced by a more recent quarter when you may not have been working. Unemployment benefits are monetarily based on the past 18 months, not your entire work history, and if you are off work for any significant length of time without filing a claim (which sets up for one year from the date filed) you may not have enough wages in the quarters to set up a claim. Even if you have not gotten off disability, or have not been released by your doctor, file the claim for unemployment now and see if you have monetary eligibility. You can then wait to begin drawing it out until you are released by your doctor to return to work.

    Unemployment insurance is not related to and can be filed for concurrently with other claims that you may be filing, with Wage and Hour or related to disability or age discrimination. It is to be available to those monetarily eligible who are out of work through no fault of their own and fully released by their medical provider as able, available and actively seeking work. But you need to file the claim right away before the quarters change again to try to preserve the wages in the quarters used right now.
    Can someone who is of full retirement age, and therefore eligible for Social Security (the OP said that he/she was over 65...just not how much over 65) collect unemployment benefits?

  5. #5
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Illness vs Termination Coincidence

    Social security disability is disqualifying for unemployment benefits by definition, being that you are unable to work due to health condition vs. able, available and actively seeking work. But social security retirement is not considered disqualifying -- as long as the person receiving the benefits does not remove himself from the labor force, in other words, has the monetary eligibility to draw benefits, is released by their doctor to perform their full time usual work, and is willing to make the required job seeking requirements.

    Unemployment insurance is not needs based, so the amount of income that the individual has coming in is not an issue. The income from social security retirement benefits is not considered wages earned for work performed, and thus is not disqualifying. But of course this and any other retirement benefits or pensions you are receiving will be discussed with the agency when the unemployment claim is filed. What the person is doing right now is filing the claim, getting it set up right now before the quarters change in January, even though he is probably not going to be able to draw the benefits until fully released by the doctor which from the sound of it, he isn't right now.

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