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I was placed on Doctor approved medical leave yesterday for

4-6 weeks. Today, my employer...
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?
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Answered in 1 minute by:
6/6/2013
wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17,253
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
Verified

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
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17,253
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
Verified
wallstreetfighter and 87 other Employment Law Specialists are ready to help you
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wallstreetfighter
wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17,253
17,253 Satisfied Customers
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits

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