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  1. #21
    Join Date
    May 2008
    Posts
    18

    Default Re: Laid Off After Becoming Disabled

    He was trying to interpret the law I know.

    I appreciate the input from this site and hope I have come across as such. I was hoping for a different opinions or interpretations in here and Think I may have found a creative and knowledgable lawyer that is interested in sitting down for a detailed description of my case.

    I was hoping to get a little more background so I could be prepared. This law business is complicated stuff. It seems like with a little creativity interpretations can be taken beyond one literal meaning.

  2. #22
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Laid Off After Becoming Disabled

    Fine. Show me where on the EEOC website it says that having a degree or not having a degree is a protected characteristic.

  3. #23
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Laid Off After Becoming Disabled

    Quote Quoting mark120472
    View Post
    Steve Jobs, Bill Gates, Michael Dell, and the CEO of my company do NOT have college degrees. Is it fair to assume that maybe a degree is not necessary to do certain jobs?
    Dr. Spock, Dr. Stephen Hawkins, Dr. Joyce Brothers, Clarence Darrow and your heart surgeon DO have degrees.

    Is it fair to assume that maybe a degree is necessary to do certain jobs?

    Regardless... apparently, your company has decided that a college degree is necessary to do your job. Your input or thoughts on the matter are unimportant.

  4. #24
    Join Date
    May 2008
    Posts
    18

    Default Re: Laid Off After Becoming Disabled

    You misunderstood the context of my statement. We were discussinhaving other jobs they could have have offered. One was a job as a filed service tech. Happens to be where the CEO of the company worked his way up from. It does'nt seem like a logical argument that they would deny that position for not having a degree, since the CEO was non degreed.

    Back to law. there is a law called ERISA which can be used to fight my case. I found a lawyer that is going to go to bat for me on this one.

  5. #25
    Join Date
    Jul 2005
    Location
    Texas
    Posts
    254

    Default Re: Laid Off After Becoming Disabled

    Quote Quoting mark120472
    View Post
    I don't see how telling about a position that has just ad much computer usage making an effort to find me another position.

    What law are you referring to? It is my understanding that there is ERISA, ADA, governing disability.

    What about my long term disability policy? It says if I become disabled while wokring at the company for any reason that prevents me from doing my regular line of work that I will receive LTD benefits. I directly asked to " how do I go about getting disability" and was told it is not for professionals?
    ERISA doesn't govern disabilities, The Employee Retirement Income Security Act (ERISA) prohibits discharge for exercising rights secured by the Act or for preventing an employee from obtaining benefits under a plan covered by the Act.

  6. #26
    Join Date
    May 2008
    Posts
    18

    Default Re: Laid Off After Becoming Disabled

    Quote Quoting mlane58
    View Post
    ERISA doesn't govern disabilities, The Employee Retirement Income Security Act (ERISA) prohibits discharge for exercising rights secured by the Act or for preventing an employee from obtaining benefits under a plan covered by the Act.
    you people take everything so literally your impossible

  7. #27
    Join Date
    May 2008
    Posts
    18

    Default Re: Laid Off After Becoming Disabled

    prohibits discharge for exercising rights secured by the Act or for preventing an employee from obtaining benefits

    congradualtions. you get it!

  8. #28
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Laid Off After Becoming Disabled

    Uh-huh. Show me where ERISA says that your employer is required to keep you employed, paying you to do nothing, until you qualify for a better benefit.

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