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
PREMIUM
Andrew S. Abramson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

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 http://www.job-discrimination.com.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.