Legal Question in Disability Law in New York

Being Fired due to disease flairs.

I believe that I was fired today. I called my boss to let hm know that I wouldn't be in until Friday. Two weeks ago, my bad knee buckled and I couldn't get up. (I was holding about 20 lbs of fluid in each leg, had low potassium and am on pulse steroids). I told him about my disability when I interviewed in October 2002. I have been out a lot, including 3 or 4 hospitalizations. I found out by accident that my union benefits (including life saving Rxs had been canceled without notice. The next thing I was told by the Benefits person was my health insurance was also canceled.

Thank God I still had Medicare. Turns out that when I went back to work on March 29th, the Benefits coordiantor claimed that the Personnel Acting Director had not given her the paperwork I had sent to him. My rheumatologist had talked about changing me taking Methorexate to another drug which he thought would work better,Celcept. It would have to be started in the hospital. Because I had been told that my employer had canceled my my insurance without notice, or of the offer of COBRA benefits. my doctor and I did not pursue the new medication. Instead he raised my steroid doseage. Not without problems of course.

? Can they fire me?


Asked on 7/21/04, 6:26 pm

1 Answer from Attorneys
Joseph Tremiti TREMITI LLC

Re: Being Fired due to disease flairs.

Thank you for your inquiry. This response should not be construed as legal advice and is provided for informational purposes only.

You raise several issues. Most immediately, you have recourse under the union collective bargaining agreement. You can always file a grievance if your questions regarding COBRA/benefits or any other issue are not satisfactorily answered. You should be working closely with your union representatives on these issues.

Secondly, you have the right to pursue your issues in what lawyers call "multiple forums." In other words, the grievance procedure is an important tool for you to use, but it is only one tool. Another important tool is to file a charge of discrimination with either the state human rights commission or the federal EEOC. They will assist you in doing so if you believe that there is a discrimination issue involved, such as disability.

Lastly, if there is a FMLA issue involved, you may pursue this matter through the US Department of Labor. Again, someone would take your call and provide whatever assistance you might need.

I hope that this has been of some help. Thank you again.

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Answered on 7/21/04, 10:07 pm


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