Legal Question in Disability Law in Florida

Passed over promotion because of a heart attack

I've been with my company for 19+ years. I was being groomed for the next management job of which I'm currently the project director for. I was out of state on a business trip and had a heart attack on 6-2. I came back to work on 7-5 to find that the job I was told I would have next, was filled by someone else. This person needs training (by me presumably). This would have been a 1 level promotion and now my future is foggy at best. Also, my current boss has questioned me about my future ability to work, when would I be back at 100%, what my capabilities would be, etc. Is there any recourse in this case? Another manager did mention that during the discussion to bring in this other director, my return to work date was a factor.

Thanks.


Asked on 7/27/04, 1:37 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Passed over promotion because of a heart attack

Depending on some additional facts, you may have a claim for being denied the promotion. Under the Americans with Disabilities Act ("ADA"), you cannot be treated differently because of a disability. A disability is a condition that substantially impairs a major life activity. Depending on the nature of your condition, and your employer's concern with it, you may have an ADA claim. Also depending on your age and the age of the successful candidate for your position, you may have a claim for age discrimination, but this is less likelly. If you would like to discuss this matter further, please do not hesitate to contact us at [email protected].

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Answered on 7/27/04, 3:18 pm


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