Philadelphia, PA asked in Employment Discrimination and Employment Law for Pennsylvania

Q: Can I sue my place of work for hiring someone while I was out of work injuried?

I was injuried in August and was out for three months, I wasn't injured on the job but was getting short term disability, I called them to let them know that I can return to work on December 19th but was told they hired someone else to fill my position. I was wondering if I was able to sue them

1 Lawyer Answer
Andrew S. Abramson
Andrew S. Abramson
  • Employment Law Lawyer
  • Blue Bell, PA
  • Licensed in Pennsylvania

A: The answer to your question may be depend on the number of employees who work for your employer and the nature of your injury/disability. If you worked more than one year and there are more than 50 employees, the Family and Medical Leave Act (FMLA) may provide protection. If not, depending on the nature of your injury/disability, there may be protection under the Americans with Disabilities Act and/or the Pennsylvania Human Relations Act. In order to fully assess your situation we will need more facts. Feel free to contact our firm for assistance. See our website at

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