Legal Question in Medical Leave in New York

Do I have a case?

I work for a multifaceted global company. In an department which I've worked in for 3 years consist of handling lawsuits served by process servers as a through mail. During the course of my job I have been experiencing problems from personal to professional. My mother who has diabetes is very sick. I have asked my boss for leave of absence which has been denied twice citing that the higher ups would not make it possible.

There are other instances where I wanted to apply for other open positions within the company. Becuase human resources must notify my manager, I was confronted by him. He wanted to know if by leaving meant I wanted more money, and therefore he denied me the opportunity to apply (citing my job performance as less than satisfactory). I found that each time I tried to apply for open positions, I was thwarted. Do I have a case? Thank you.


Asked on 6/11/09, 8:37 pm

1 Answer from Attorneys

Randall Brett Law Office of Randall P. Brett

Re: Do I have a case?

Based on what you have written, you may have a claim under both the federal Family and Medical Leave Act (FMLA) and New York law. You should consult an experienced employment law attorney for a thorough review of your circumstances. Feel free to contact my office if you would like a consultation.

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Answered on 6/11/09, 9:06 pm


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