Legal Question in Disability Law in New York

Should I make an ADA claim

I am a 53 year old male. I have worked for the employer for 22 years and I am eligible to receive pension benefits in 3 years. I have lost a lot of time at work because of high blood pressure, and chronic obstructive pulmonary disease. My employer has asked me to leave because I can no longer do moderate lifting. Can I make an ADA claim?


Asked on 1/25/98, 3:58 pm

1 Answer from Attorneys

Harold M. Weiner Coles & Weiner, P.C.

Should I file an ADA complaint?

Depends on your job. If most of your job islifting a certain load, it is not reasonableto expect your employer to accomodate youwith your disability.

If it is not, then this may be a subterfugefor age discrimination. I assume that yourpension has vested already, after 22 yrsof employment, and that you are going to geta substantially different payout per month ifyou hold out three more years.....

The above preliminary discussion is not intendedas legal advice. You are notified that we only givesuch advice in areas of law that we are fullyqualified in by virtue of training and experience;that we are licensed ONLY in New York and Maine, and the Federal court system.. There is no substitute for sitting down face to face with anattorney, to protect your rights under law, and to determine your obligations. We are your attorneys only if you have entered into a written retainer agreement with the firm of Coles & Weiner, P.C. We reserve the right to reject any potential clientfor any reason.

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Answered on 2/21/98, 2:03 pm


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