Legal Question in Employment Law in New York

Fired while disabled

I worked for a trucking company, teamsters union. I had some mental health problems and wasn't able to answer the 72 hour notice they sent me. 72 hour notice means I should have called them and let them know my status. I have documentation from my doctor saying I wasn't capable of answering their notice due to the shape I was in. Point of order at greivance was I didn't answer the notice, they weren't hearing my case and I was terminated. Can I go to court to try to get my job back?


Asked on 2/24/01, 9:09 am

1 Answer from Attorneys
Harold M. Weiner Coles & Weiner, P.C.

Re: Fired while disabled

That depends on whether or not your mental illness is permanent and limits a major life function. If it does not, it is not a covered condition under the ADA and probably not under state and NYC law. If this took place in New York City you would have the broadest protection of the NYC Human Rights law in its administrative code. The ADA decisions in the area of mental illness are quite discouraging. You should still try. Nothing ventured, nothing gained.

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Answered on 4/20/01, 8:32 am


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