This is probably legal. Even if your absence qualified as FMLA leave, your employer generally can require you to exhaust your vacation, sick, PTO etc. simultaneous to your leave. A possible exception would be if your employer is not forcing others with non-medical issues to use vacation time for absences of similar duration.
Your case sounds complicated factually, but I gather you were terminated after losing your EEO hearing. If that is the true, then an employment attorney might be willing to take your case on a contingency, but the decision is generally based on the strength or weakness of the potential legal claims and your lost wages. That cannot be determined without a thorough consultation. Please feel free to contact me to discuss a consult, and mention I responded to your post on Avvo.
It is not possible to answer your question without actually reviewing your agreement and having an in-depth conversation about the nature of your contact with the client. Many employers defend non-competes aggressively, so even if their prohibition against any contact is ultimately proven to be unenforceable, that may not stop your former employer from jumping to conclusions and initiating expensive litigation against you. Regardless, you need to have an experienced employment lawyer review...
You should answer all of the questions honestly, so if you feel like your age is the reason, then it is fine to say so to ODJFS. However, they will likely be more interested in your ability to refute the reasons why the company is saying they fired you.
If you believe you were terminated becuase of your age, you need to consult with an attorney who specializes in employment law as soon as possible. Your time to pursue a claim of age discrimination will eventually expire.
It is unlawful in Ohio for an employer terminate, demote, or otherwise take punitive action against an employee for filing or otherwise pursuing a workers' compensation claim. You have a very short period of time - only 90 days - to take the steps necessary to preserve a claim for workers' compensation retaliation, so please see an experienced plaintiff's employment law attorney immediately.
It is possible that you were placed on leave and terminated unlawfully under state and federal disability laws. A lot would depend on exactly what your accommodations were and their ability to work with you on them. Furthermore, if you applied for disability insurance benefits, that may impact your potential claims and your ability to receive health insurance. You should consult with an experienced employment attorney soon. Feel free to contact me to schedule a consultation.
Typically you can request a dismissal in the form of a Notice of Right to Sue after the investigation has been pending 180 days. Once the charge is dismissed, you will have 90 days in which to file a federal lawsuit for the claims covered by the charge. An experienced employment attorney will be able to help you obtin information from the EEOC about your case and evaluate your case for litigation. Please feel free to contact me for a consultation.
Elizabeth S. Loring, Esq.
Freking & Betz,...
If your employer is subject to the FMLA, you should be able to apply for job-protected intermittent time off under the to care for a minor child with a serious health condition. You need to request that leave as soon as possible, which will require a certification from your son's physician. Best of luck, and be sure to contact an experienced employment attorney if you continue to have problems.
It may be that your employer is violating disability or medical leave laws forbidding retaliation for taking medical leave or accommodating a disability. If your injury is work related then that may be an additional claim. You should contact an experienced employment attorney immediately who may be able to prevent or dispute your termination. Feel free to contact me via our website for a consultation.
Depending on the timeline of events, what was communicated from your doctor, and how long you were off, you may have legal rights under a variety of laws, including the FMLA and the ADA. You should consult with an employment attorney to determine if you have any potential claims and, if so, how you might puruse them. Feel free to contact my office to schedule a consultation with me.
Elizabeth S. Loring, Esq.
Freking & Betz, LLC
525 Vine St., 6th Floor
Cincinnati, OH 45202