• 12
  • January
    2012

Generally speaking, when someone faces a serious medical condition that requires treatment, he or she can take a leave of absence from his or her job under the Family and Medical Leave Act. When he or she returns to work from a protected medical leave, he or she is guaranteed to return to the same or a similar position.

When a man found himself facing a medical condition that required serious medical treatment, he took a medical leave from his job to recuperate. However, upon his return his managerial duties were modified and his supervisory authority was eliminated. He was also required to work at a different location.

Though he did maintain his same pay, benefits and title, he believes that these employment actions were acts of discrimination against him because of his medical condition. Shortly thereafter, the employee was fired for what were claimed to be budgetary reasons.

However, in his gut, he believed something was not right about his firing and the way he was treated when he returned to work. He brought a lawsuit claiming that his employer discriminated against him and wrongfully terminated him from his job.

Initially a federal judge dismissed all of his claims for lack of evidence. However, he did not give up and with the help of an experienced attorney he was able to have his discrimination and wrongful discharge claims reinstated by a California appeals court.

Was this man discriminated against based on his medical history and medical leave from his job? Did his employer retaliate against him and wrongfully fire him as he claims? These employment law questions can now be heard before a jury when this employee has his day in court.

Source: The Register-Guard, "Fired man wins 'day in court'," Karen McCowan, Jan. 5, 2012