Legal Question in Employment Law in New York

Termination

I was recently terminated. My employeer stated I violated the employee purchases policy even though I had proof of purchase. Additionally- my employeer fired me after my doctor took me out of work on disability because of work related stress. Is it legal to fire someone who is out on disability?


Asked on 6/26/08, 11:19 am

1 Answer from Attorneys

Re: Termination

Your employer may have a rationale for firing you 'for cause' due to its allegation that you violated company policy; and is even alleging a fraudulent act.

Despite your being on disability, where you are protected from discharge via the FMLA and also protected by federal laws preventing an employer to discriminate against an employee due to that employee's disabled status, your alleged violation in the realm of fraud is an exception.

I would suggest that you make your employer prove its allegation, and there is a good forum for doing this: NY State's Division of Human Rights, which enforces the federal laws administratively.

Be forwarned that that Division frequently denies many claims; you can sue your employer in State court for that same violation.

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Answered on 6/27/08, 9:36 am


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