Was fired while on Temp. Disability in New York City. Is this illegal?
Question Details: 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?
Employment and Labor Law Answers
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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