Legal Question in Employment Law in New York

i was terminated 1/31/10 while on short term disability. It will end 3/23/10. They said i have to wait 45 days to see if eligible for long term to kick in. If it does not and my short term ends will i still be able to file for unemployment and receive full unemployment benefits? Is there a time frame to apply for unemployment? How long do i need to wait after short term to apply for unemployment?


Asked on 2/03/10, 4:19 am

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

If you were terminated while on short term disability, you should speak with an attorney to discuss whether such action was legal. Most employers are required to permit you to take up to 12 weeks for FMLA and under the ADA, may not terminate you as a result of a disability or perceived disability.

In any event, once your STD expires, you can immediately file for UI benefits.

I am available if you wish to speak about this further. Good luck!

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Answered on 2/08/10, 2:36 pm


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