Legal Question in Disability Law in New York
knee brace
i was terminated on the 20th of febuary because i refused to work a 10 hr shift by myself. i have bone on bone in both my knees and wear a knee brace on my right leg because that in worse than the other one.i had been the manager of a convienent store for almost 6 yrs and have never had to work an entire shift by myself. physically i can't now anyways.my assistant manager (who had only been back 3 weeks from knee surgery) was also teminated on the same day for refusing to work a 10hr shift on satuarday and a 12 hr shift on sunday. these are the two slowest days of the week and it did not warrent working those hrs.my supervisor e-mailed me a schedual and told me to immediatly put the schedual into motion.i inturn e-mailed the vp of the company and told him i was not going to comply with the schedual be and the reasons why.each and every one of my empolyees also e-mailed him and told him the schedual was unfair and would not work. keep in mind i am located in a college town between two colleges and when the students are here it is extremely busy.with all the ordering, paperwork,schedualing and stocking one person cannot do everything. we both were also banned from going in the store this is also a civil rights matter.
1 Answer from Attorneys
Re: knee brace
If you wish to discuss this and are in the Long Island area I would be happy to have an appointmet arranged; however, you have not actually posed a question.
It sounds like you and the other employees who were terminated have a potential class action situation; indiviadually, you could each
contact the EEOC if your ex-employer had more then 15 employees, or the NY Division of Human Rights, if 4 or more employees, and less then 15.
What reason has the employer given for termination?
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