Legal Question in Employment Law in New York

Fired after released from doctor before starting back to work.

I have been working for a company since February 5,2001 and in June of 2001 I broke my thumb. The job description is that I am a typist for TTY users in the deaf community. I went on short-term disability and was out until Jan 14, 2002. The companys policy states that I must go through training again. I went into the job today to take another typing test which I passed successfully yet when I came home the employer called and told me that I was terminated for past attendance records. Can I file a lawsuit for wrongful discharge? The manager also told me that had they known that I would be out that long they would have terminated a long time ago. Can you help?


Asked on 2/07/02, 6:36 pm

1 Answer from Attorneys
Raymond Iaia Minotti & Iaia, LLP

Re: Fired after released from doctor before starting back to work.

Maybe. There is a federal law called that Americans with Disabilities Act that protects people who are �disabled�. The problem is that recent court decisions make very few people �disabled�, especially for short-term conditions such as a broken bone. However, there are laws in New York State and New York City that provide more protection to more people, but have cons as well. Of course, you should know that it is legal to fire a person because of attendance records. It is only a violation of law if the excuse is a pretext for discrimination. That comment by the manager suggests pretext. If you wish to discuss your case in more detail you may reach me at (914) 949-6323.

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Answered on 2/12/02, 10:31 am


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