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Adam Lawrence Aronson

Adam Aronson’s Answers

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  • Do i have a case?

    i was recently fired from mcdonalds in ticonderoga because i had missed 2 shifts back in 2003 due to the fact that i had enlisted into the U.S. Navy and deployed to Italy and was re-hired in July of this year and i had told hem that i have a medic...

    Adam’s Answer

    I agree with the two prior lawyers who responded that whether you have a strong case depends on circumstances you don't mention.

    Further to attorney Marilynn Mika Spencer's excellent federal law summary, I can add that the New York State Human Rights Law (NYSHRL) protects more people than the federal Americans with Disabilities Act (ADA), but the protections in both the NYSHRL and the ADA are limited. An employer must take "reasonable" steps to "permit a [disabled] employee to perform the activities involved in the job," but only if such steps "do not impose an undue hardship on the business from which action is requested." (NYSHRL, NY Exec Law § 292(21-e).) That's not to diminish the significant legal protections available to disabled people but just to say that they're not unlimited.

    If you decide to explore a legal claim, you might discuss with an employment lawyer what steps McDonald's could have taken so that you could have kept and done the job they hired you for. Your experiences in the military and in other past employment might also be highly relevant.

    Also helpful to most employment discrimination claims is for victims to do their best to move forward with their lives, applying for other jobs as soon as they reasonably can, seeking prompt medical and/or psychological help if relevant (job loss is traumatic for most who suffer it), and contacting qualified lawyers to discuss the strengths and weaknesses of potential cases. Remember that the law places varying time limits on legal claims, and fresh evidence is usually better than stale. Although immediate action is usually impossible, in general, the sooner discrimination victims seek help, the more useful the help can be to them.

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