Legal Question in Employment Law in New York

Wrongfully fired - disability Q

I am a nurse. I was in a non-union position. I needed to have surgery. After 6 weeks, I could go back to work but with some restrictions (my knee can support me, but I can not lift additional weight right now). Without letting me apply for a 30 day extension OR use some of my 400+ hours of sick time, my place fired me!

Can they do this? I love my job, and I want to go back to it. I have given them many years of good service, with never any trouble. I just can't go back without any restrictions right now. I don't actually do any lifting anyway, so I do not understand what the big deal is. What are my rights? I know NY is an at-will employment state, but is there some sort of exception for a medical reason like mine?


Asked on 7/15/07, 2:52 pm

3 Answers from Attorneys

Jason Stern Law Offices of Jason Stern

Re: Wrongfully fired - disability Q

First of all, if you haven't already, DO NOT SIGN ANYTHING! Second, you should consult with an attorney to determine your legal rights. No attorney can properly advise you based on the limited information contained in your question. Regardless of New York's employment at will laws (which mean very little) you may be entitled to severance pay, which could include your unpaid sick leave, future compensation, and continued health benefits.

You may contact me via email or through SeveranceAttorney.com to arrange for a consultation.

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Answered on 7/15/07, 4:00 pm
Lawrence Silverman Law Firm of Lawrence Silverman

Re: Wrongfully fired - disability Q

You MIGHT be eligible for REINSTATEMENT to your job and/or monetary DAMAGES since the company MIGHT be violating ADA (Americans with Disability Act) federal law as well as other laws prohibiting discrimination against the disabled in the workplace. These laws entitle the disabled to "reasonable accomodation" by the employer regarding their disability.

Note that their are Statutes of Limitation, legal deadlines for filing a claim for empokoyment discrimination (whether discrimination against disability or based on sex, race, ethnicity, age, etc.) and you should consult attorneys who are experienced in bringing didsablitiy discrimination claims as soon as possible.

ALSO: Allow me to suggest that you

RE-POST this question to LawGuru's DISABILITY DISCRIMINATION (ADA) category to get some opinions from experienced disability discrimination attorneys and that you also avail yourself of LawGuru's option to have your case evaluated by their attorneys FREE of charge.

HOWEVER: Note that it is possible that you might NOT win a case you t bring for disability discrimination against your employer.

Therefore, you might ALSO consider the option of consulting an attorney like Mr. Stern who may be able to negotiate a severance deal to your advantage as an alternative option, in ADDITION to consulting experienced DISABILITY DISCRIMINATION attorneys, to prepare for the possibility that a winnable disability discrimination case can not be made for you.

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Answered on 7/16/07, 8:12 pm
Lawrence Silverman Law Firm of Lawrence Silverman

Re: Wrongfully fired - disability Q

DURATION of your disability is an ADDITIONAL consideration: ADA (Americans with Disabilities Act)only protects against job discriminination towards those with permanent or long-term disabilities : non-chronic or temporary disabilities of short duration without long-term impact are NOT protected by ADA; e.g, strained joints or broken limbs would generally NOT be protected by Americans with Disabilites Act. (After RE-READING your question, I was not clear how long-term your disability might be expected to be).

However, I cannot say whether or not your specific disability qualifies as long-term impact or not and whether or not you are thereby protected by ADA or other laws prohibiting disability discrimination.

I therefore re-iterate my opinion that you QUICKLY seek advice from experienced attorneys and sample several opinions to determine whether a disability discrimination claim or lawsuit is a good idea or whether to try to get a good severance package deal. I again suggest you should consult experienced disability discrimination attorneys and RE-POST this question to LawGuru's DISABLITIY DISCRIMINATION LAW (ADA) category,

IN ADDITION to ALSO seeking the advice of a lawyer like Mr. Stern who may be able to negotiate a good severance deal for you.

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Answered on 7/16/07, 8:36 pm


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