Legal Question in Employment Law in New York
I am an employer, employee had stroke and has not been back to work. what are my responsibilities as far as paying him
1 Answer from Attorneys
Generally speaking, although an employer is prohibited from firing an employee because of a disability as long as it does not impair his job performance, the employer is not obliged to maintain in employment an employee whose health problems cause poor attendance or otherwise interfere with his or her ability to carry out the work.
With that said, unfortunately in these litigious times even if it is determined that the employee can be dismissed, the process should be chaperoned by an attorney to minimize possible claims by such employee.
I invite you to contact me directly.
Roman R. Fichman, Esq.
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