I have been out of work on sick leave for two months. Yesterday the HR representative at the company that I work for informed me that today will be my last day of employment (after 4.5 years) because my position of multimedia developer is being eliminated. There is one other multimedia developer where I work and her job is also being eliminated, but her last day of work will be on April 1 of this year. Is it legal for my employer to eliminate my position two months before hers because I am currently disabled and unable to come in to work?
1 Answer from Attorneys
If this is a true lay-off and not an excuse to get rid of a worker who has a medical condition (which in your case sounds like a true lay-off) then the employer has some discretion regarding the timing of lay-offs. Even if the fact that you are laid-off two months before your co-worker was violating the law, the extent of that minor violation would most likely not justify any kind of legal action.