Legal Question in Medical Leave in New York

I worked full time for the same company for 24 years and I am 69years old. They have well over 50 employees. 6 weeks ago I was hospitalized and had surgery. I was put on short term disability. I have been in contact with my employer telling them my updates. My Doctor felt I could return to work in the next couple of weeks. The other day my employer called and said they had to let me go and even though I was a good employee they were going in another direction. They told me I could go for unemployment and they would not fight it. I told a friend who works in the same business about this and she told me I should have been covered under FMLA and I had up to 12 weeks. My friend also told a co-worker of mine and my employer got angry and called my friends boss and tried to get her in trouble. Today I got a certified letter from my company saying that although I was a dedicated employee because they didn't know when I was coming back they had to let me go. They have already hired someone younger for less pay to take over my job. My co-worker called me and told me it was my responsibility to ask for FMLA....but how could I when I never heard of it? What should I do. I live in New York State.


Asked on 3/02/11, 12:41 pm

2 Answers from Attorneys
Locksley Wade Law Office of Locksley O. Wade

This does not appear to be a case under the FMLA; rather, it appears to be a case under other disability laws. I would suggest that you apply for unemployment benefits as long as you are ready, willing and able to work. The next step would be for you to consult with an employment law attorney about filing suit against your employer for unlawful discrimination. By the way, your friend is likely protected should she suffer any adverse employment action.

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Answered on 3/02/11, 12:53 pm
Jason Stern Law Offices of Jason Stern

This sounds like a fairly clear cut case of violating your FMLA rights, in addition to age discrimination. I would be happy to speak with you and advise you how to best obtain compensation under the circumstances.

You may contact my office by email or 646-450-3473. My website is SeveranceAttorney.com and I primarily handle employment matters.

I look forward to hearing from you.

Regards,

Jason

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Answered on 3/02/11, 2:28 pm


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