What kind of claim do I have if I was fired right after coming back from surgery?

UPDATED: Sep 30, 2022

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What kind of claim do I have if I was fired right after coming back from surgery?

I was terminated by my employer the day after I returned from cancer surgery. I am 58 years old. They said they are restructuring, however they did keep one of the employees in the department that I trained even though I had more experience than him. Another employee was also terminated and was in her 30’s. My new supervisor told all of us in a meeting that we had nothing to worry about and we would not lose our jobs. Is there any claim I would have against the company?

Asked on November 16, 2016 under Employment Labor Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You would only have a claim if you could show that you were terminated *because* you had a medical condition: otherwise, having surgery does not protect you from termination for unrelated reasons. If they let go several employees at the same time (even if not everyone in the department), it may be very difficult for you to show that the cancer was the cause of your termination; but if you can't show that, you don't have a valid claim.

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