Legal Question in Disability Law in New York

adhd and termination

I was employed with the company over 2 years. My university extends to me the accomadation of extended time for test taking due to my ADHD. For the first time I needed to take advantage of extended test time. Not prepared for that need, I was held over taking some tests and was late to work a few times. My Xemployer put into place a point system for being late, a certain amount of points terminates you. I explained to management why I was late, and informed them of my ADHD but still recieved points. When my grandfather went into ICU I called into work. The next week I clocked in 5 mins late and was fired. I spoke with the General Manager(GM), I brought up the subject of my ADHD, then was only suspended until further discussion with their Corporate Office. I supplied documentation from the hospital, documentation from my University, and a 3 page write-up. Two weeks later the GM still did not send the documentation to Corporate, I faxed them over. The next day the GM informed me of his decision to still terminate me. It's now been 3 weeks. I am contacting the Division of human rights today. What do you recommend I do, what rights do I have at this point?


Asked on 5/21/02, 12:56 pm

1 Answer from Attorneys

Chris Edelson Chao & Edelson, L.L.C.

Re: adhd and termination

From the facts you have described, it seems that you may have a claim for disability discrimination. You mentioned that you have contacted the Division of Human Rights. If you do not already know, you should know that you have other options, including negotiation with your employer, filing a charge of discrimination with the EEOC, or proceeding to court. I have worked on cases involving disability discrimination in the past and would be glad to discuss these and other options with you. Please feel free to give me a call at 212 867-4754 if you like. I am glad to discuss my firm's possible representation of you, or can simply discuss some of your options with you if you prefer to pursue this matter on your own or with another attorney. There is no charge for an initial consultation.

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Answered on 5/21/02, 2:27 pm


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