Legal Question in Employment Law in New York

I was on a medication prescribed by my doctor for a chronic illness and it was very recently changed, but was having some side effects from it. My doctor again changed my medication and I continued to work and was known for my extra effort and professionalism. Shortly after my doctor changed my medication, about halfway through the day I became disoriented and was obviously having a reaction to this new medication. Security was notified about my out of character behavior by an executive of the company who had asked me a few questions as we were waiting for the elevator. Shortly thereafter, he directed security to physically escort and remove me from the building without so much as consulting their medical staff they employ full time. I was simply escorted to get my coat and return the company computer, after which I was escorted out the front door by several security members. No words were exchanged other than I was told I could return the next day to talk with my supervisor. That never happened and I have been added to securitys' "Do not allow entry" status into the building permanently. When I called I was informed I was "laid off" (fired) and was never notified in connection to this incident. I had been employed there for 15 months as a senior technician in the IT dept. and never had any disciplinary involvement except one prior time where I had a reaction to a medication and took the necessary steps to speak with my supervisor and explain. I was allowed to leave early and followed up with my doctor about the incident.She changed my medications and all returned to normal.I have received nothing in writing about the reason for being fired and their actions have definitely damaged me financially, damaged my reputation and will make it harder to find a similar job. I am afraid that they may cause problems for me to collect unemployment insurance by contesting my claim.The other employees were told I was let go due to a contract related issue.

What actions can or should I take?.

In addition on my final pay stub my vacation and sick time balance show 149 hours balance, as they renew at the beginning of the calender year. I was told I would not be allowed to collect those hours. I read that under MYS Labor law, any hours due to you must be paid out to the employee.

Can I collect my benefit hours or not?


Asked on 2/22/11, 6:45 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

Its the employers discretion to pay or not pay accrued sick and vacation time following the termination of employment. The stated policy should be available in your employee handbook. On the more important matter, your facts indicate that you may have a claim of unlawful employment discrimination with respect to the disability law. Perhaps you should consider contacting me or any other employment attorney to evaluate your claim and to see if you have a case.

Read more
Answered on 2/25/11, 8:21 am


Related Questions & Answers

More Labor and Employment Law questions and answers in New York