Was fired while on Temp. Disability in New York City. Is this illegal?

UPDATED: May 26, 2009

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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


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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