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  1. #1

    Default Termination After Returning to Work

    My question involves labor and employment law for the state of: Michigan
    I was out of work due to an automobile accident and exhausted my FMLA. When I was ready to return to work and advised the company, they sent me a letter they could not make the necessary concessions for my disability. Which consisted of not being able to sit or stand for more than 30 minutes at a time. They were advised this would only be for a short time. A month after they terminated me they hired someone in my place. I was 50 years old at the time and felt that the reason for the termination was my age, the person they replaced me with was much younger than I was. Is there anything I can do?

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

    Default Re: Termination After Returning to Work

    No. If your FMLA was exhausted they had no legal obligation to return you to work, and if there is no way to accomodate your restrictions that is another legal reason to terminate you. With two legally valid reasons to terminate your employment, you will have a very hard time showing that the sole reason you were termed was because of your age; the fact that they hired someone younger than you is NOT sufficient proof.

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