My wife was terminated from her employer based on him saying that she wasn't performing up to his standards. My wife worked every day, never late,stayed over to help other employees. They have a policy on how to discipline their employees and steps that they have to go through which he didnt follow and went right to termination. Now we know that the day she was terminated, she had a mri testing for her knee at the hospital the next day, which we think he caught word of it and decided to let her go because of the busy season was coming up. Also when she brought up to him a issue that she experienced with one of the computers, he kept bringing up saying that a former male employee wants to come back three times in their conversation. Now, we do know she was eligible for short term disability, through their company policy so that is why she was planning on getting surgery on her knee. Do we have a case against him for not following company policy and discriminating against her for medical reasons and also possibly being a female by hiring a former male back to her position? We are located in Ohio...
Thank you, James
Given the facts you have described, it sounds like your wife could have multiple claims against her employer. Possible claims that spring to mind include disability discrimination, FMLA discrimination, breach of contract (assuming termination process is in a signed employment agreement or employee handbook), and wrongful discharge/termination. Based on these limited facts, however, it is not possible to state whether any gender discrimination occurred.
I would definitely contact a local employment attorney and schedule an initial consult so you can be informed more fully what legal remedies are available. I would recommend you start collecting any documentation and make a record of anything that might be significant later should your wife decide to sue.
Best wishes to your family.
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