Not sure

[dkrhea]

What is the name of your state? Virginia
i was recently laid off from a law firm after 12 yrs and 8 mos of service. i was the only female laid off and there was one male. i was given no notice at all until the day the lawyer called me in the office on the 21st of march. i was his main legal assistant and worked on ssd cases. i done all the initial interviews worked up the files done the appeals etc. he got mad at me last september due to my husband having a major illness and required major surgery. he indicated that my job should come first and felt that i should put it before my husband. i told him then he could do what he thought he had to do and i would do what i needed to do. after that time he treated me with hostility and was very passive agressive. since my lay off, i discovered that the male legal assistants were paid substantially more than i was and so were some of the other female employees. he kept me from advancing and getting raises. i was a loyal employee and devoted to the job and clients. i kept my work up and never missed a thing. the clients counted on me a lot as well as my co workers. in any event what i would like to know do i have a case to file with the eeoc. i feel that i have been discrimated against and would like to see what my options are. i don't want to do anything until i can get some kind of legal advise. i live in a very small area and this lawyer is well known and no lawyer here will go up against him. i hope i am not repeating myself, i am not sure my first message went through. thank you for your help and any advise you can offer. also all the other employees except 2 were hired long after i was except for the office manager and the receptionist.

 

[Beth3]

It all depends upon the answers to several questions:

1. How many people does this law firm employ?

2. Were you full-time?

3. What was the nature of your huband's illness?

4. Did you take time off work when your husband had surgery and/or when he was recuperating?

5. Was your presence required at home in order to give your husband any necessary medical care?

 

[dkrhea]

Not Sure

1. there are 14 fulltime and 2 part time, 3 partners
2. i was full time
3. he had ulcerative colitis and had to have his colon removed, he set up an infection and was taken back in the operating room, opened back up cleaned out and had to heal from inside out. they showed me how to clean, pack and dress his wound and change his ostomy bag.
4. i was off 2 weeks while he was in the hospital which is 5 hours away from where we live, i stayed in the room with him.
5. when i got him home, i arranged for someone to be with him during the day. i had to dress his wound before i went to work there were days i had to rush home because he had retention stitches and the ostomy bag would not seal and break open and i would have to clean his wound out change the bag, i had to bath him, dress him do everything, but i still went to work and took care of my job, i never let my boss down or the clients. i done the best i could and all of my coworkers would back me up on my loyalty to the firm and to clients, but my husband had to come first.
i hope you will be able to help

 

[Beth3]

I asked those questions in order to determine if the FMLA or ADA applied. Neither do because of the small size of the company. The FMLA applies to employers wiht 50 or more employees, the ADA to employers with 20 or more employees. There may be similar legislation at the State level with lower threshholds though, so you might want to give your State's DOL a call and inquire.

On the whole though, I suspect you are out of luck in pursuing any legal action.

 

[dkrhea]

Thank you, at least I know where I stand now.