Legal Question in Disability Law in New York

fired while on disability

i was on a 4 week disability for my depression and two weeks into it my employer called and told me that they are severing my employment. is this legal?


Asked on 6/02/06, 7:32 pm

1 Answer from Attorneys
Andrew Frisch Morgan & Morgan, P.A.

Re: fired while on disability

The answer to your question will depend on whether you and your former employer are covered by the Family Medical Leave Act (FMLA). In order to be a "covered employer" your former company must have at least 50 employees. If they do, then in order for you to be a "covered employee" you must have been working there in a full time position for at least 12 months prior to taking leave. If both of these preconditions have been met, you likely have a valid case against your former employer. If you would like to discuss this issue further please call for a free telephone consultation.

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Answered on 6/03/06, 10:50 am


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