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?
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.
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