Legal Question in Disability Law in New York

Hysterectomy Disability/Change $ rules
I sell on-site new construction since November 2001. My agreement w/my employer was salary plus commission on sale of each home. May 3 was my surgery which will keep me disabled for 6 weeks. Prior to my surgery I asked my manager if I would receive commissions for sales done while I was unable to work. She said yes, she saw no reason why I would not. I spoke to her May 24, she said they hired another sales associate. The employer decided that he would set a new rule that if you are not here you do not get the sales commission.(5 sales were made so far). That she should tell me. There is an open house on June 7,8,9. She asked me to come in so I would be present to get the sales, even for a few hours.... That would be one week short of my return from 6 weeks leave. I am in a position that my physician will not allow it but I will loose thousands of dollars if I don't show up. I feel I am being discriminated against because I am a women who was in need of a hysterectomy asap and had not choice. And the rules changed while I was on sick leave. Help

Asked on 5/25/02, 8:28 am

Brendan Chao Brendan Chao - Attorney & Counselor at Law

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Re: Hysterectomy Disability/Change $ rules

You may have a breach of contract claim, in addition to the discrimination claim you refer to.

Answered on 5/28/02, 9:59 am

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