Legal Question in Employment Law in New York

A couple months ago, I volunteered to take medical leave from my workplace because of issues that were affecting me. As soon as I volunteered however, I was told that the legal department of where I worked was not allowing me to come back to work until I was medically cleared to come back. At that point, I was able to go onto disability leave and able to take care of these issues.

At the recommendation of the doctor that I saw, I decided that I was going to move to a less stressful environment of my home state of New York (I was previously working in New Hampshire but living in Maine). After I placed my transfer request, I was told that I needed to call around to find a new home location for my job. I was given the run around in that location, told that there would be a place for me here or there-but eventually, I was told that there would be no home location for me. I was also informed that my previous position had already been filled and that I would not have a place at my old location.

I have tried to contact my manager and their district office several times, all with no responses. I have looked over my benefits and found that I qualify for a severance package because I've effectively been laid off from my position, but no one has tried to contact me. This morning, I contacted the Employee Relations Hotline, but no one has returned my call-even though I was told that this was a priority. I have not been paid for a month now, even though I have sick and vacation time. I am unsure if there is any legal that could be done, but this is really starting to get out of control. So my question is-is this a situation that can be handled by the court and if so, what are my options?


Asked on 6/24/13, 9:14 am

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

You are likely to become unemployed with no benefits; meaning, zero dollars form your employer and no State Unemployment Benefits. The answers that you need are too complex for this limited question website because it is likely to involve the Family Medical Leave Act (FMLA) and the Americans With Disabilities Act (ADA); therefore, make an appointment to see a local attorney specializing in Employment Law as-soon-as-possible.

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Answered on 6/24/13, 10:04 am


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