Legal Question in Disability Law in New York

I am on short term disability from my job and my FMLA ran out last month 12/23/09. I was just informed by my job I would be terminated 1/23/10 due to not being able to return to work yet. Is that legal? If so why? My friennds are telling me it is not and that I should sue.


Asked on 1/21/10, 3:36 am

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

There is the possibility that you may have a case and then there is the possibility that you do not have a case. The FMLA is designed to protect your employment while you are on FMLA leave. There is no protection if you fail to return to work once the leave is expired. Unfortunately, there are some employers that are using FMLA leave rather than allowing the employee to exhaust all accrued leave, such as, vacation and sick leave, before imposing FMLA on the unsuspecting employee. You need to provide more details to an attorney so that she/he can give you sound legal advice.

Read more
Answered on 1/27/10, 7:33 am


Related Questions & Answers

More Disability Discrimination Law (ADA) questions and answers in New York