Legal Question in Employment Law in New York
Hi, I'm a NJ resident working for a reputable fashion company. I've been working there for 2yrs and it has not been a walk in the park. After being hired for 2 months the other person was fired and the workload was piled onto me. Then after a year my manager found another job and I was left handling ALL responsibilities with no additional compensation nor promotion promised to me. I was told a manager will not be hired but an assistant will be appointed. Here we are almost a year later and all I get is the same story!
I've been working extreme 10-15hr days some w/o a lunch break plus taking work home at night plus working some wknds! At this point I'm sooo overworked I've had numerous panic attacks, suffer from insomnia, severe hair lost and had migraines for over month!! My doctor at this point was left no choice but to put me on short-term disability for 6wks to get my health situation in order.
Keep in mind since nobody has been hired to help "I" am the ONLY assuming the responsibility. To make matters worst my director was taken to the hospital for an emergency surgery and will be out for 2 wks as well! At this point I am being asked to come into the office for 2 days to help catch up!!! I'm also being told a temp will be hired to take my place because there's no way she's going to be doing everything on her own nor it's fair to have my counter part do the work for me!! If that's not a guilt trip I don't know what is!! This situation has gotten out of hand and it's certainly not a healthy environment for me to work in. I am not sure what my rights as an NY state employee are and they're leaving me no other choice but to quit! I've read that if I can prove it has been for health reasons I will be able to collect unemployment.
Please advise what is the BEST way to handle this situation?? I'm lost at this point!
1 Answer from Attorneys
Generally, in New York, to collect unemployment you must be "ready, willing and ABLE" to work. If you are unable to work because of a medical condition, New York requires all employers to provide short-term disability of up to $170/week for 25 weeks, after a one week waiting period. This is the minimum New York requires, but an employer may provide more disability benefits.
If greater benefits are provided, then a federal statute known as the Employee Retirement Income Security Act of 1974 ("ERISA") applies. Depending on the severity and duration of your disability, you may be eligible for additional disability benefits. You should request the Summary Plan Description ("SPD") for any and all of your employee benefits from your employer. If your employer provides long-term disability ("LTD") benefits, the SPD will set forth the amount, duration, etc., of these benefits. If you need assistance on these ERISA benefits, you should consult with an attorney who practices in this field.
Also, if your disability is expected to last more than a year, you should consider applying for Social Security disability benefits. You should consult with a firm that handles Social Security disability claims if you think you may pursue such a claim.
Finally, you should be aware that the Family Medical Leave Act ("FMLA") requires employers to provide up to 12 weeks of unpaid leave in a 12 month period. Of course, this just means you will have a job to go back to after 12 weeks. Your employer may offer a longer leave period, but you have to check your employee manual to find out.
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