Legal Question in Discrimination Law in New York

Re: Fired while on medical leave for taking time off

What you are describing suggests that you may have been discriminated against because of your gender and that your employer may have violated the Family and Medical Leave Act (FMLA) when your boss fired you. I am concerned about the time lag--under the FMLA, there is (I believe--would have to double-check to be sure) a two year deadline for bringing a lawsuit, except in circumstances where the employer's action is "willful" (then, I believe, the deadline in 3 years). Also, it depends how long you were out of work--even if the FMLA applies (it does not apply to all employers and employees), your employer is only required to permit a certain amount of leave--12 weeks per year.

There is also a 300 day deadline for proceeding under federal anti-discrimination laws by filing a charge with the Equal Employment Opportunity Commission. However, NY state and city laws have longer deadlines--I think (and, again, I cannot say for sure off the top of my head), unfortunately, the deadline might be 2 years.

I am glad to discuss any of this in greater detail and can double-check and confirm any of these deadlines if you like--I am at 212 867-4754.

Chris Edelson

Re: Fired while on medical leave for taking time off

I can't tell you if you have a case without knowing more about your employer. How many employees are there? The FMLA only applies to employers of certain sizes. Why do you think you were fired, if not for the absense for illness? In any case, you need to present the "real" reason you were fired.