If my hours were reduced to 1 day per week, after a 2 month medical leave, do I have any recourse, or entitled to lost wages?

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If my hours were reduced to 1 day per week, after a 2 month medical leave, do I have any recourse, or entitled to lost wages?

My work hours were given to another employee during a 2 month medical leave. Upon my return I was told there weren’t extra hours for me. Yet, the owner hired someone else. In addition, she was another employee’s daughter, and aprox. 1/2 of my age.I will be 50 in Sept. , is there anything here that is age discrimination? One more fact, the owner is alsoadvertising to hire ANOTHER employee. The bottom line is after a surgical medical leave, which was unpaid of course, I no longer had a job. Can you help me please. Thank you.

Asked on June 22, 2009 under Employment Labor Law, Illinois

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I don't have anywhere near the in-depth information about this to tell you whether or not you've got a good case, because these cases are almost always very much about the details.  Still, from this outline, you should absolutely follow up on this, by talking to an employment discrimination attorney in your area, because it's possible that you are being subjected to age discrimination, and it's also possible that this is a violation of your rights under the Family & Medical Leave Act ("FMLA") or the Americans With Disabilities Act ("ADA"), or both.  One place to find a lawyer who can evaluate your case is our website, http://attorneypages.com


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