Legal Question in Employment Law in New York

my wife got layoff from her company. She has been diagnosed breast cancer last September and went through chemos and treatments. She is still having IV drug treatments once every 3 weeks and have often doctor visits. I have the feeling she was laid off due to her frequent doctor visits and treatments. Her company gives her 4 weeks severance. Is there a case we can sue for more compensation? Thanks.

Regards,

Eric


Asked on 11/12/09, 1:45 pm

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

She may have a case for unlawful discrimination under the ADA and New York State Human Rights Law if she was singled out for termination or job elimination because of she is a victim of cancer. If she is just part of a group of terminated employees then there is likely not to be a case of discrimination. She should explore the circumstances of her termination and consider whether the severance package is her best option.

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Answered on 11/17/09, 1:59 pm
Jason Stern Law Offices of Jason Stern

You should really speak with a severance attorney, especially if she has been presented with a termination agreement to sign. If she has already signed it, she may still be able to revoke it. Either way, time is of the essence. If you need further assistance, check out my website SeveranceAttorney.com or contact me at [email protected].

Good luck!

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Answered on 11/17/09, 2:22 pm


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