QUESTION

Do I have a discrimination case if I was replaced by a younger worker and at a reduced salary?

Asked on Dec 12th, 2015 on Labor and Employment - California
More details to this question:
I was employed by an electronic company on January 2012. I was briefly laid off and was asked to return to work. In June 2015, I had cancer surgery and the treatment continued until the end of November. I was on disability during this period and my employer was informed each time I got an extension from my doctor. I told my employer that I would return part time on 18th October 2015. My employer informed me that they cannot accommodate me and that when I am well to return on a full time basis. I informed my manager by e-mail that my doctor has advised I return to work on November 30, 2015. On November 18, 2015, I received a termination letter from my employer informing me that I had overstayed my medical leave. There have been other employees that had medical problems and were off work for 24 weeks. I was gone for 21 weeks. Do I have a case of discrimination if I was replaced by a younger worker and at a reduced salary?
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1 ANSWER

Admiralty / Maritime Attorney serving Monrovia, CA at The Law Office of Nathan Wagner
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It sounds like you may have case for disability discrimination. If you had a disability, your employer should have given you a reasonable accommodation, such as giving you 2 more weeks of time off. You may have a case for age discrimination as well, if you are over 40. In California, age discrimination lawsuits only apply if the employee is over the age of 40.
Answered on Jan 04th, 2016 at 10:48 AM

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