Legal Question in Disability Law in New York

Termination from employment

I was terminated from my position as a result of hospitalization and ultimate absences. The law firm i worked for was a one girl office wherein i was the one girl. Do they have legitimate reason to fire me due to burden after i disclosed my illness to them


Asked on 6/04/02, 10:17 pm

1 Answer from Attorneys

Chris Edelson Chao & Edelson, L.L.C.

Re: Termination from employment

From what you have described, it is difficult to say whether your employer could legitimately fire you. There are at least two scenarios I can think of in which it would not be proper for your employer to fire you--(1) if you had a disability (recognized by state, city, or federal law), your employer cannot fire you because of your disability (which doesn't mean they can never fire you, but your disability cannot be the reason) and must try to reasonably accommodate your disability (which could mean allowing you to take time off from work) and (2)if you and your employer are subject to the Family Medical Leave Act, they must allow you 12 weeks unpaid leave and must return you to your old position when the 12 weeks are up.

I have several questions though-- (1) how may people work at your office; (2)why were you hospitalized/what is your illness; (3) what reason did your employer give for firing you (if this has happened); and (4) how long did you work for your employer?

If you'd like to discuss your situation, I am glad to talk to you and would not charge anything for an initial consultation. My phone number is 212 867-4754,

Chris

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Answered on 6/05/02, 10:10 am


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