Legal Question in Employment Law in Indiana

Regain employment

I am 65, retired but worked part time as a shuttle driver for a national hotel chain for 4 years until such time as I needed replacement hip surgery last Christmas. They hired a ''temporary'' replacement until I could return to work. I had notifified them I was available for work on Feb 23rd, but still do not have my job back. What are my legal rights, if any, to do so. Thanks, Bob


Asked on 4/16/04, 10:36 am

1 Answer from Attorneys
Kenneth Lauter Kenneth E. Lauter, PC

Re: Regain employment

If you had been in your part-time position for at least a year and worked at least 1,250 hours (about 24 hours a week) during the 12 months prior to going on leave, it sounds as if you are protected by the FMLA and may make a legal claim for restoration to your job. If not, you may have claims under age discrimination, or other, laws. Please feel free to contact me at 317-955-9500.

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Answered on 4/19/04, 3:55 pm


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