Legal Question in Employment Law in New York

Re: Illegal Firing

Thank you for your inquiry. This response is for informational purposes only and should not be construed as legal advice.

Your question is too general to respond to specifically. In short, if the employer has a legitimate business reason for terminating an employee while on medical leave - examples would include a business re-structuring, layoff, closure, well documented poor performance that would have led to termination anyway - chances are that the termination would be upheld.

An employee on medical leave may have recourse against termination through the anti-discrimination and/or anti-retaliation provisions of any number of laws, assuming that person qualifies under those laws. Examples are workers' compensation (work related injury), FMLA (requires qualifying illness and 1 year of service), the ADA (requires meeting the definition of a qualified disabled) and perhaps other laws against discrimination, both at the state and federal level, and city if the person is employed in NYC.

Your question as to anticipated settlement is speculative. Each and every case is fact intensive. Without more specific facts, it is difficult if not impossible to properly evaluate this case. Factors that enter into any case evaluation include income, loss of income, for how long, loss of benefits, if any, and for how long, medical treatment for stress and for how long, loss of potential future earnings, if any, and whether the employer - and for that matter the employee - acted in good faith.

Thank you again for your inquiry.