Was fired while on Temp. Disability in New York City. Is this illegal?
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Was fired while on Temp. Disability in New York City. Is this illegal?
I thought it was illegal to fire someone while they were on disability, I was paying out of pocket to stay on the company’s insurance and now that I have been fired, I face some serious problems if I do not get on Cobra quickly. Can I file suit for wrongful termination?
Asked on May 26, 2009 under Employment Labor Law, New York
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
I would go ahead and get the COBRA coverage set up. And I would also talk to a labor and employment attorney in your area as soon as possible, because you may have a case. One place to find qualified lawyers is our website, http://attorneypages.com
Ordinarily, employment is "at will," which means that a company can legally fire you without any reason at all, as long as there isn't an illegal reason, such as discrimination, involved. But there are protections for temporarily disabled workers, such as the federal Family and Maternity Leave Act ("FMLA"). Whether your rights under the FMLA, or another law, have been violated is a question that can only be answered after a review of all of the unique facts of your case.
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