Legal Question in Disability Law in New York
Job Transfer
My sister recently had to be hospitalized for a mental illness. She was out from work for a little over a month. When she was ready to go back to work, she found out that her position was filled at the branch she worked at. They had informed her that because she didn't work at the company for a complete year (August 28th was when she applied for disability benefits from her employer and October 16th would have marked her 1 year) the manager has the power to replace her if she sees it fit.
A few months earlier another coworker was out on disability (physical not mental) for three months and she returned to her position at the branch, even though the were severely under staffed. Also, another coworker said that the assistant manager was 'putting things in the manager's head' about my sister returning to work because of her mental illness - not to mention the position was filled by the assistant manager's close friend.
Considering everything, is her transfer legal and is it fair?
1 Answer from Attorneys
Re: Job Transfer
Your sister might possibly have disability discrimination case against her employer. However, more information is needed to completely assess this case and to determine the right cause of action. You might want to consult a lawyer.
You can contact our firm if you need further assistance.
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