Legal Question in Disability Law in New York

I need an answer

I have worked for a car service for 2 year now.On occasion I have had an asthma attack due to Some ones perfume or some one spraying air freshner. I have also come into work wheezing due to extreme cold or hot weather but it has never been bad enough for me to have to leave or stop taking calls .I have missed work on 2 occasions for one week each time but informed my employer that I was in the hospital .I rarely ever call out and I have never had to leave work due to an attack. Yesterday I was told they would have to let me go because I was a liability due to my health. can they do that?


Asked on 6/28/07, 8:06 am

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

Re: I need an answer

A qualified no: they cannot terminate you because you are a health liability. On the other hand your potential case would require a "fact intensive inquiry" in order for you and an attorney to decide if you have a claim under the ADA.

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Answered on 6/28/07, 12:27 pm


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