I was interviewed for the director of life enrichment asked why I didn’t want to work as a caregiver any longer and my reply was I’m getting older and it’s taking a toll on my body and I feel that it’s time to be able to enrich the residents lives in a position that is not physically demanding like lifting residents and moving non ambulatory residents and I have been out of work due to a injury to my right shoulder and have no use of my right shoulder and made to use my pto
We are very sorry to hear that you were not selected for the director of life enrichment position. An employer cannot make hiring / firing / promotion or other employment decisions that would be motivated or impacted by either the fact that you are older or if you have limitations that constitute disabilities. Age and/or disability discrimination could result if your employer decided not to give you the position because of your age or limitations.
In addition, if you were injured at work, you might benefit from speaking with a workers' compensation attorney about your injury and rights. Employers will generally retain their own lawyers who handle workers' compensation matters, so we encourage people who have a workplace injury to at least consult with a workers' compensation attorney. To the extent that you have a filed a workers' compensation claim against your employer, your employer cannot retaliate against you for filing or pursuing a workers' compensation claim. Ohio has a law that protects you against workers' compensation retaliation.
These cases are extremely fact specific, so I would encourage you to speak with experienced employment lawyers. Unfortunately, employers may sometimes have employment decisions that are motivated by an employee's age or disability. Or, employers may retaliate against employees who filed or pursued a workers' compensation claim.
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