Legal Question in Disability Law in New York
Terminated over a disability that you have had since being employed
A good friend of mine was recently terminated from a volunteer position for a disability he has had since being employed 11 years ago. He wants to sue the company who fired him for under the basis of violating the American with Disabilities Act. Does he have a chance of winning a lawsuit?
3 Answers from Attorneys
Re: Terminated over a disability that you have had since being employed
The laws against disability discrimination would protect your friend; however, there are exceptions. You indicated that your friend is a "volunteer" and the laws against discrimination routinely mention "employee" receiving monetary compensation unless it is a case of access to a public facility. Your friend should seek further clarification and advice from a disability attorney.
Re: Terminated over a disability that you have had since being employed
Violating the ADA Act is contrary to federal law.
If your friend's disability falls into Your friend can file an action and win.
Re: Terminated over a disability that you have had since being employed
This essentially depends on whether the company made a reasonable effort to accomodate his disability, and if not, whether he missed so much work, or was unable to function ion his job. Have your friend contact me.
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