Layoff after surgery

[adlerps]

I been employed with the company for 30 plus years and was 59 when I was let go.
I had prostate surgery in October. Returned to work in November and was part of RIF (reduction in force) in December
Has any laws been broken?
Thanks

 

[cbg]

Not if you would have been part of the RIF regardless of whether you took leave or not.

Neither being 59 nor having been out on medical leave gives you an automatic legal protection from layoff. You are protected from being laid off BECAUSE you are 59 and BECAUSE you took medical leave (under most, but not all, circumstances). However, if the company can show a business reason why your position would have been one of the ones eliminated regardless, they are not required to lay off someone else because of your age or your medical history.