Do I have a case against my employer?? Law advice

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erinj
New Member


Date Joined Apr 2005
Total Posts : 13
   Posted 3/15/2009 10:48 AM (GMT -7)   

Hi everyone,

 

I am hoping that I can hear from others that have been in a similar situation - or know of anyone that has been involved in a wrongful termination case.

 

I am recently laid-off (2 weeks ago). I was at my company for 2 years and 2 weeks. They were fully aware of my Crohn's Disease. My Cronh's never interfered with my doing my job. I rarely, almost never, called in sick. My director went as far as to tell me that my disease was never an issue.

 

The beginning of March I was told that I was having surgery April 7th. I made my work aware of my surgery and the time off that I would need (roughly 2 months). There never seemed to be an issue - but really what can they say anyway….

 

Well 2 weeks went by and to my surprise (the day before I was leaving for vacation) they lay me off - citing 'downsizing". They laid me and another woman (who just got back from maternity leave) off.

 

I am wondering, does this seem like "suspect timing" or coincidence? I am thinking about seeing a lawyer before I sign the separation agreement to get my severance.

 

Any thoughts? Or am I wasting my time… confused

 

chroniemomx2
Veteran Member


Date Joined Apr 2005
Total Posts : 2346
   Posted 3/15/2009 10:51 AM (GMT -7)   
Oh may, tough one...soooo many people are getting laid off or let go. My husband finds out the end of April whether he will still have a job or not.

I am certainly no expert, but it seems like it would be hard to prove to me...maybe if you had taken sick days and it had interfered with your work, but since the crohns never has....I don't know...

survivor49
Regular Member


Date Joined Oct 2007
Total Posts : 241
   Posted 3/15/2009 11:52 AM (GMT -7)   
i don't think it can hurt to explore your options- just don't risk your severance

Sniper
Veteran Member


Date Joined Feb 2004
Total Posts : 6518
   Posted 3/15/2009 11:55 AM (GMT -7)   
Talk to a lawyer, it should cost nothing. Just remember that the Co. has the advantage when it means going to court.
If we would read the secret history of our enemies,we would find in each mans life sorrow and suffering enough to disarm all hostility.


Zanne
Veteran Member


Date Joined Apr 2005
Total Posts : 3763
   Posted 3/15/2009 12:55 PM (GMT -7)   
Are there others there doing the same job who have less seniority who were not let go? If yes, then that should give you some idea as to your answer. There are so many lay offs right now that it is hard to say, but if there were a lot of people to choose from, yet the company chose to lay off you who just "happened" to be going out on a sick leave, then perhaps you have a case.
Suzanne

CD 20 years officially, 30 unofficially. 3 resections '93, '95 '97
Managing with strict low residue diet, keeping symptoms to a minimum. All test show small amount of ulceration, still have occasional blockages. But still have a great time with my 2 daughters and husband!


Prednisone, 6MP,Prevacid, B12 shots, Bentyl, Xifaxan.....


FitzyK23
Veteran Member


Date Joined May 2005
Total Posts : 4219
   Posted 3/15/2009 1:19 PM (GMT -7)   
Did you take FMLA or something similar that would protect your job while you are out? Were you using accrued sick/vacation time or were you going into time without pay status? If you were using a benefit than you might have a chance at a retalitory discharge. It would be retaliation for using your FMLA, not for being out sick. It sounds like your pregnant coworker would have a good case. Like others said, who else was laid off? If it was others who have used benefits than you probably have a good case. But, like others said, I would see a lawyer asap for a free consultation so you know if you have a case before you make any financial decision based on it. Are you friends with the pregnant woman? Maybe she would like to go to. The lawyer would have more incentive to take the case w/ two contingency fees attached. Good luck!
27 Year old married female law student (last year!!). Diagnosed w/ CD 4 years ago, IBS for over 10 years before that, which was probably the CD. I am sort of lactose intollerant too but can handle anything cultured and do well w/ lactose pills and lactaid. For crohns I am currently on Pentasa 4 pills/4x day and hysociamine prn. I also have bad acid reflux and have been on PPI's since age 13. I have been through prilosec, prevacid, and nexium. Currently I am on Protonix in the morning and Zantac at night. I also take a birth control pill to allow some fun in my life.


erinj
New Member


Date Joined Apr 2005
Total Posts : 13
   Posted 3/15/2009 2:31 PM (GMT -7)   
thanks everyone for your responses. Yes, there are people that do the same job as me (I worked at an online marketing agency) that have less senority. I was one of a couple that had been there the longest. I was going out on short term disability for my leave - also using 5 unused sick/vacation for the 1st 5 days (policy). I know it is a tough case - since everyone is getting laid-off...but to me, their timing is suspect.

Trust me, I am not one to try to sue people. I have never done it and if I didn't feel like they did this with alterative motives, I would never see a lawyer. I am calling a lawyer tomorrow in Boston and see if he can see me before I have to fax my seperation agreement by Wednesday. I just don't want to feel like I wasting the lawyers time.

Zanne
Veteran Member


Date Joined Apr 2005
Total Posts : 3763
   Posted 3/15/2009 2:59 PM (GMT -7)   
Just saw that you were seeing a lawyer in Boston, are you in the Boston area? I'm Northeast of Boston just south of Nashua, NH.
Suzanne

CD 20 years officially, 30 unofficially. 3 resections '93, '95 '97
Managing with strict low residue diet, keeping symptoms to a minimum. All test show small amount of ulceration, still have occasional blockages. But still have a great time with my 2 daughters and husband!


Prednisone, 6MP,Prevacid, B12 shots, Bentyl, Xifaxan.....


straydog
Forum Moderator


Date Joined Feb 2003
Total Posts : 13473
   Posted 3/15/2009 2:59 PM (GMT -7)   
Hey, I worked for lawyers over 20 yrs. Do not ever feel like you are wasting their time. Thats how they get their business is people coming in with potential cases. It up the lawyer to cull his appts and decide if he may be able to build a case out of something.

I recommned you find an employment law atty that specilzes in employment law. Since time is an issue you may have to settle with a phone consult, just check it out to settle your mind one way or another. Yep, they are difficult to prove but can be done. Susie


erinj
New Member


Date Joined Apr 2005
Total Posts : 13
   Posted 3/15/2009 3:14 PM (GMT -7)   
Zanne said...
Just saw that you were seeing a lawyer in Boston, are you in the Boston area? I'm Northeast of Boston just south of Nashua, NH.

I am, I am in Arlington...
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