Legal Question in Disability Law in New York

Fired while on disability

I had surgery on October 16th -in September I let my employer know and asked themm if it would be a problem, they reassured me at least 4 times my job was safe. They filled out all the paperwork and told me to get better so I can get back there. They hired someone new 2 weeks before I went out. I have been off for 4 weeks now (need 4 more) and I received a letter in the mail that stated due to me being on disability, they can no longer afford to keep me. Is this legal?


Asked on 11/11/06, 4:58 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Fired while on disability

If it really is that cut and dried no it is not leagl. Under the ADA and State law particularly for temporary situations as you describe, extended leave, with your job secure, is a reasonable accomodation required to be made. If you would like to discuss this further please contact my office or email me further details.

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Answered on 11/12/06, 12:29 am


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