Phoenix, AZ asked in Civil Rights, Employment Law and Health Care Law for Arizona

Q: While on short term disability diagnosis with cancer the company said they were separating me from the company.

I am 74 years old. I know I was released because of my health and age. Start date 7/20/15-9/20/23. This case is scheduled with the EEOC on 120/23. Can a company legally do this?

1 Lawyer Answer
Jessica Miller
Jessica Miller pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Phoenix, AZ
  • Licensed in Arizona

A: It depends on the reason the company gave for your separation. If they told you that you were being released due to your health and age, then you may have a legal claim against them if you were still able to perform the essential functions of your position.

If they gave you a different reason (other than your age and disability) for your termination, then you would have the burden of proving that the stated reason for your discharge is false. There are many common indicators of a false justification for an employee's discharge, and these are called "pretext." Pretext varies greatly depending on the circumstances and depends largely on the facts of the case. If you succeed in proving your claims, then you could be eligible for lost wages, liquidated damages, emotional distress damages, and other remuneration.

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.