Legal Question in Employment Law in New York

Fired from job

I am asking this quest

During the summer my brother had open heart surgery. When he was able to go back to work he was suppost to take it slow. He informed his boss. About four to five weeks after returning to work he was scheduled to work a ten hour day. He wasn't feeling well that day so he called the person he was relieving and asked if they could stay a couple of hours later to cover for him until he came in. They told him no. He didn't go to work that day. His boss wrote him up and he signed the paper. A couple of days later he received a letter stating he was let go but they would give him a good recommendation. Is there anything he can do legally. Thank you


Asked on 11/15/01, 6:34 pm

1 Answer from Attorneys

Raymond Iaia Minotti & Iaia, LLP

Re: Fired from job

The answer to your question is �maybe�. There are federal, state and local laws that protect the �disabled�. That�s the easy part. The difficult part is, whether the person is �disabled� under the law, and what protections are actually afforded the person if he is disabled.

The paper that your brother signed, may or may not be vital. It will obviously be important to see exactly what the paper says.

As you can see, to provide you better answers, I would require more information. I would be happy to meet with you and/or your brother for a free consultation. To make an appointment, kindly call the office at (914) 949-6323. I look forward to speaking with you.

You must also be aware that there are strict time limits, called statutes of limitations. If your brother does not act within these time limits, he may be precluded from acting.

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Answered on 11/16/01, 9:10 am


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