Legal Question in Disability Law in New York
employment Discrimination/wrongful termination
I had total Knee replacement on 1/15/09. I was released to go back to work on 2/19/09 . I had made four attempts to see when I can return to work along with DRs note stating that I can come back part time and work into full time ..and employer would not let me back,yet telling me I had my job at one time and other times telling me ,he didn't know. I receved a termination letter on 3/7/09 dated 3/6/09 that I have been replaced and my position was no longer available to me. what are my rights? My disability has stopped on 2/19/09 as well.......
1 Answer from Attorneys
Re: employment Discrimination/wrongful termination
You may have a claim, however, it is difficult to give you a definitive answer without a more intensive inquiry into your particular situation. For example, you may have a claim under the ADA where your employer had reason to know or should have known that you should have been given a reasonable accommodation pursuant to the ADA but your formal or informal application was rejected.