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Discrimination? Asked to resign or be terminated due to lack of skills after they learned of surgery need & learning disability

New York, NY |

Since 8/2/12 I put in 12 hour days. I have a JD-MBA. There is no formal training for this position. In Dec. I herniated a disc and required ER surgery. 4 days prior to the scheduled ER surgery, Mgmt advised I was not advancing fast enough. I created & executed a training plan approved by Mgmt working with a senior Co-worker. Mgmt learned I was dyslexic and would need to accommodate sitting hours. A week after surgery, I was moved & asked to create a spreadsheet tracking 20+ employees for 1 Mnth. Despite being out for surgery, recovery & holidays. I completed the task. Mgmt postponed follow-up progress reviews. Jan 28th I was asked to resign stating I could not gain the skills. Is lack of training, dyslexia/herniation cause for a law suit? If I resign can I collect Unemployment

Attorney Answers 5


  1. You may have viable claims for disability discrimination under both Federal and New York State law. I suggest arranging a free consultation with an experienced employment attorney.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/WhiteRoseMarks) or Facebook (http://www.facebook.com/WhiteRoseMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.


  2. The timing of the decisions certainly raises an inference of discrimination. Would need to know additional facts. Feel free to call or email with additional information and I would be happy to give you my input.

    Ryan Finn * 518.213.0115 * Rfinn@hackermurphy.com * Referrals are the highest form of compliment * Hacker Murphy serves clients throughout New York State and always pays referring attorneys a reasonable referral fee in contingency cases


  3. I agree with Mr. White and Mr. Finn. In addition, since you were asked to resign, you should be eligible for unemployment. Only voluntary resignation not attributable to the work would disqualify you.

    The information provided above is for general purposes only. It does not constitute legal advice or create an attorney-client relationship. Seek competent legal representation, because the facts of each case are different.


  4. You may have viable causes of action for discriminatory discharge and/or failure reasonably to accommodate. I represent both workers and employers in labor and employment matters in NY and NJ, including, for example, disability discrimination cases and retaliatory discharge actions. Please feel free to call me at (212) 209-3972 or (201) 592-7200 about your matter.
    Sincerely,
    David Rich


  5. It’s important that you not resign at this time- your leverage for being able to assert your rights is highest when you are still employed by the employer that’s subjecting you to differential treatment. Also, employers benefit from resignations more than employees do, and the reasons for this can be elaborated upon during a legal consultation with an experienced employment lawyer.

    You may have some viable claims under the New York City Human Rights Law, if your employer is located within one of the boroughs of New York City.

    It’s important that your employer be placed on notice of the potential violation of those claims, after you’ve had a consultation with an experienced employment lawyer.

    This is more of a priority than confirming your eligibility for unemployment benefits, since clearly, your job is on the line.

    -Denise K. Bonnaig
    212-374-1511

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