How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask wallstreetfighter Your Own Question

wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16036
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
16356563
Type Your Employment Law Question Here...
wallstreetfighter is online now
A new question is answered every 9 seconds

I was placed on Doctor approved medical leave yesterday for

Resolved Question:

I was placed on Doctor approved medical leave yesterday for 4-6 weeks. Today, my employer eliminated my job and laid me off....is this legal in New York State?
Submitted: 1 year ago.
Category: Employment Law
Expert:  wallstreetfighter replied 1 year ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

How many employees does the employer have?

Customer:

over 5000

wallstreetfighter :

Did you apply for FMLA?

wallstreetfighter :

Did they ever give you notice that you can apply for FMLA leave?

Customer:

I didn't get a chance to....I just sent the doctors excuse yesterday, I expected to receive disability forms today, but they cut me loose instead. eliminated my position by eliminating my recruiting sales territory

wallstreetfighter :

This is a serious issue, under the law in NYS, the employer cannot terminate an employee if they may be entitled to FMLA leave,

wallstreetfighter :

that is the only job protection for employees in NY, unless you are a Union employee,

wallstreetfighter :

Have you worked fro the employer over one year?

wallstreetfighter :

Have you worked for the employer for more than one year?

Customer:

I was also on approved medical leave from 4/22 - and returned 5/13. That time they did send FMLA info. But they did not for yesterdays incident.

Customer:

I have been there for 3.5 years

Customer:

not union

wallstreetfighter :

You should have been given rights to apply for FMLA, and if you advised the employer the medical need for time off, you should have been given FMLA forms, and the employer under the law is prohibited from terminating an employee if they know they will apply for or need FMLA protection.

wallstreetfighter :

In this type of case, you should consider filing a DOL complaint for FMLA retaliation, or go to a local employment attorney about bringing a lawsuit against the employer for retaliation

wallstreetfighter :

U.S. Department of Labor (DOL)
ESA Wage & Hour Division












Albany District Office
Leo W. O'Brien Federal Building
Room 822
Albany, NY 12207
Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNN/td>
New York City District Office
26 Federal Plaza, Room 3700
New York, NY 10278
Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNN/td>
Buffalo Area Office
111 West Huron Street
Room 617
Buffalo, NY 14202
Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNN/td>
Syracuse Area Office
100 South Clinton Street
FOB Room 1247
Syracuse, NY 13260
Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNN/td>
Long Island District Office
1350 Old Country Road
Suite 410
Westbury, NYNNN-NN-NNNNbr/>Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNN/td>
White Plains Area Office
140 Grand Street
Suite 304
White Plains, NY 10601
Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNN/td>
wallstreetfighter :

You can file a FMLA retaliation complaint with the local office, near the county you live.

Customer:

do you know anyone in Buffalo, NY?

wallstreetfighter :

We are not allowed to give specific attorney names,

wallstreetfighter :

however you can look at the link above for FMLA employment attorneys,

Customer:

this is a one time charge of $28 right, not a subscription or recurring charge right?

wallstreetfighter :

also a google search for FMLA attorneys will provide you a complete list,

wallstreetfighter :

This is a one time charge,

wallstreetfighter :

Also, you can file the complaint with the local office, without an attorney

wallstreetfighter :

Buffalo Area Office
111 West Huron Street
Room 617
Buffalo, NY 14202
Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNN/p>

Customer:

would there be monetary damages due to me?

wallstreetfighter :

yes, if they are found to have violated your FMLA rights, you can ask for significant damages,

wallstreetfighter :

and since they are a large employer,

Customer:

I have actually already found a new job too, starts june 24, does that matter?

wallstreetfighter :

you can ask for and receive a good settlement

wallstreetfighter :

no,

Customer:

ok Sir, anything else I should know?

wallstreetfighter :

You can look at the link above for a recent FMLA retaliation verdict,

wallstreetfighter :

If satisfied with our service, please provide us with positive feedback,

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

Customer:

ok thanks for your help...we are good

wallstreetfighter :

Good luck,

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16036
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 14 other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.