I was fired with a lawsuit pending against my employer, what can I do?

Asked almost 5 years ago - New York, NY

I have a hourly lawsuit pending against my employer. I recently changed my shift from full time to part time because of school scheduling conflicts. I sprained my wrist which forced me to call out of my shift. I was then told I was fired despite the fact I provided a doctor's note for my absence. What can I do?

Attorney answers (1)

  1. Ronald Anthony Sarno

    Contributor Level 20

    Answered . If you sprained you wrist at work, file a workers compensation claim. File a complaint with the department of labor for unfair dismissal-- you should qualify for unemployment compensation. NYS is an employment at will state which means you can quit or be dismissed at will. But if the only reason you were dismissed is because you were injured, you might have a claim for unjust dismissal.
    On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you:


    Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems;
    Legal terms used in litigation………………………………………………………..


    Commercial litigation .

    Employer/Employee Disputes


    FYI my law partner James DeFelice practices employment law in your part of NYS. You can access his contact information on his avvo profile or on our firm’s website: www.sarnoanddefelice.com


    LEGAL DISCLAIMER…………………………………………………………………..
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

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