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Fired due to illness.

Massapequa, NY |

I built and managed the web support dept for a company. I designed all of the training materials and trained all of the workers in the department. I worked there since 03/2012. In Jan 2013 I became ill with a neurological tic which impeded my ability to work. I was out sick for a total of 6 weeks. All of which time I kept in full contact with the company, who kept advising me "not to worry", "just get better". I alled them each week with an update to my condition. I also provided weekly doctors notes.. When I was able to return, I brought in a note from my doctor stating that I was able to return to work. They then told me that they were unable to hold the position any longer and had me clean out my desk. I have also not been approved by UI because the job told them I abandoned my position

Attorney Answers 4


  1. Best answer

    You likely were not qualified for FMLA leave based upon your dates of employment, but, this sounds like a blatant case of disability discrimination. I have handled many similar cases. It is important to get on top of this situation as soon as possible so you need to consult with an attorney as soon as possible. Best of Luck!
    Ryan Finn
    Rfinn@hackermurphy.com
    Serving clients throughout New York State

    PLEASE READ THIS DISCLAIMER * I very much like to offer my advice and guidance to those in need. It is why I became a lawyer. However, please note that I have not been engaged to be your lawyer so my advice is general in nature. Certainly, if you would like, please feel free to email or call me to further discuss the particulars of your situation (as many times it is not a good idea to provide a lot of information about your case on a public forum). * Hacker Murphy, LLP * 518.213.0115 * Rfinn@hackermurphy.com * http://www.hackermurphy.com/Attorneys/Ryan-M-Finn.shtml * Hacker Murphy serves clients throughout New York State (including New York City and Long Island). *


  2. Speak to an experienced employment attorney, ASAP.

    Good luck,

    No attorney client relationship has been created by this answer.


  3. Under the Americans with disabilities act, an employer must make reasonable accommodations fo persons with disabilities. What constitutes a disability and what constitutes a reasonable accommodation are questions of fact. A reasonable accommodation is a test that balances the requested accommodation against the cost to the company. Generally holding a position open ndefinitley is not a reasonable accommodation, but a shorter period (6 weeks) possibly is. Without the specifics to your illness it is hard to gauge your claim.

    As far as your unemployment, make sure you contest the challenge and attend the hearing. Bring all of your evidence and you should prevail. You are entitled to unemployment if you did not engage in gross misconduct or voluntarily resign.


  4. You may have a viable claim, I suggest you arrange a free consultation with an experienced employment attorney immediately.

    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.

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