Legal Question in Workers Comp in New York

terminated after fmla

does an employer have the rite to make u sign for family leave act while u are on compensation 2months after compensation started an charged the time to the 12 weeks an i only had 1 month left of the time before i was forced to sign flma papers an was terminated any way i am also in union i sastained a neck an arm injury on the job im an assistant teacher 11/26/2007 iwas under a doctors care i was called by amember of the board to fill out the flma paper in late january early febuaty to determine wen i mite b able to return i explained to her that i was in transition of changing from the orthorpedic dr to a neck specialist he refered me to during this time i was tol to fill out the paper i could not get the new physician to fill out paper cause he need payment approval from compensation first so i had my family doctor fill out form who is not a compensation dr an has no reall knowledge of the compensation after the received form they sent me a letter sayn if i didnt return by the date she gave i was terminated i called her back an told her that was not appropriate dr for this case if it was gona b uused for that i was still under the compensation drs care awaiting approal for mri,x-ray,an physical therapy


Asked on 3/23/08, 10:05 pm

2 Answers from Attorneys

AVA ZELENETSKY AVA L. ZELENETSKY, ESQ.

Re: terminated after fmla

You have quite a lot of information in your question. I would be interested in speaking with you to learn more about your situation. Please feel free to contact me for a free consultation.

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Answered on 3/24/08, 9:09 am
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: terminated after fmla

Based on the info that you gave me, it seems like the BOE has mishandled your case and you may have a potential 120 claim (discrimination/ retailiation) against them. I see that you live in the bronx, my office is close to where you live. I would love to handle your compensation claim as well as your retaliation/discrimation matter.Email me back and we can discuss further.

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Answered on 3/24/08, 9:22 am


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