Trouble in Texas

Trouble in Texas - Time is Short

While off on disability, my position with my company was eliminated. I was told that when I was released by my doctor, I would be terminated. Since that date, a vacancy in another dept. has occured that I am qualified for. I am only two weeks away from being released by my doctor. The HR manager said the company wants to hire someone off the street for the vacancy, at a lower wage than I make. I told him I wanted the job. He said to stay on long-term disability as long as I could, and if there was no opening when released, I would be fired. I am 53 and think they want a younger person for the vacancy, even though I am qualified and have 9 years with the company. The company has in the past routinely transferred employees between depts. to fill vacancies, and the company policy indicates they would do this before hiring outside. Also, other employees from my old dept have, at the companies' insistence, been transfered to the dept that I want to join when vacancies occurred. Can I force the company to allow me the vacancy? All advice appreciated. I need to act fast.

The company would likely argue that they needed the present vacancy filled immediately and that you were unavailable. However, when you are released, if there is an opening for which you are qualified, and they don't re-hire you, you might have a cause of action -- you should call your local office of the EEOC and talk to them to get their opinion.