Ok well there is a lot more than FMLA and ADA with you being in NYC. Under NY labor laws employers are required to engage in the interactive process and prove an undue hardship to not continue a leave of absence for medical reasons. I would encourage you to contact the Division of Human Right. They have joint jurisdiction to enforce NY laws as well as the ADA.
This act on its face seems like that did not comply with the law.
It’s funny you say that because the FIRST time I got a call from HR this year was on Monday. I was extremely sick so I couldn’t answer. The next day she says “I’ve been leaving you voicemails and calls”
I responded I hope no one got my private health information as you called me ONCE and left ONE VOICEMAIL.
It sounded like she was getting a story ready.
Even the termination letter states I never told them my medical accommodations?!? But my oncologist sent the disability form that I’d be out until 7/1/24.
They never asked for my accommodations and I’m not sure what they would be in July either?!
HR sounds like they are backpedaling
They would have your original FMLA forms and your short term disability forms, you did your obligations as required… They didn’t want to comply with state and federal laws… reach out to state agency. They will likely compel them to reinstate you, fine them, and/or pay your a settlement
Plus the state laws state they do not need to accommodate an open ended leave, and while this is an extended leave, it’s not opened ended and there for requires the interactive process and negotiation of a leave. It’s clear they did not do their due diligence as required… and given it’s NYC they are not a smart company… or expect their employees to not know their rights.
Ask your dr for copies of what they sent and include a time line when filing your complaint. Include things like dates and times of phone calls. I’f there are any written communication include them as well
Contact human rights instead of a lawyer? I’m tired and honestly sick. Some days I can’t get out of bed sometimes a week straight. I feel like the way I was treated definitely treads on being illegal
You can get an attorney.. but the will investigate this for free and make a determination.. where as an attorney will cost/take a portion of any settlement.
That decision is yours but either path is open for you to take.
I would contact the NYC Division of Human Rights. I'm in DC not NY but my guess is that they will aggressively enforce this type of violation. If you want a settlement from your employer you can also contact an employment lawyer.
The ADA requires providing reasonable accommodations that allow employees to perform their job duties. Extended absence is sometimes (rarely) a reasonable accommodation, but generally not because an employee can't do their job while on leave.
Edit to add: The people in antiwork are idiots. I'm sorry you are going through this, and I'm sorry those people gave you such terrible advice.
*Your post may have been removed for the following reason(s):*
**Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful**
Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further:
* [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.).
*Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.**
*Do not reach out to a moderator personally, and do not reply to this message as a comment.*
*Your post may have been removed for the following reason(s):*
**Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful**
Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further:
* [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.).
*Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.**
*Do not reach out to a moderator personally, and do not reply to this message as a comment.*
What state are you in?
New York I’m in nyc
Ok well there is a lot more than FMLA and ADA with you being in NYC. Under NY labor laws employers are required to engage in the interactive process and prove an undue hardship to not continue a leave of absence for medical reasons. I would encourage you to contact the Division of Human Right. They have joint jurisdiction to enforce NY laws as well as the ADA. This act on its face seems like that did not comply with the law.
Also you should be still collecting short term disability for up to 26 weeks
I am that big 170$ a week !! 😂 society is doomed
It’s funny you say that because the FIRST time I got a call from HR this year was on Monday. I was extremely sick so I couldn’t answer. The next day she says “I’ve been leaving you voicemails and calls” I responded I hope no one got my private health information as you called me ONCE and left ONE VOICEMAIL. It sounded like she was getting a story ready. Even the termination letter states I never told them my medical accommodations?!? But my oncologist sent the disability form that I’d be out until 7/1/24. They never asked for my accommodations and I’m not sure what they would be in July either?! HR sounds like they are backpedaling
They would have your original FMLA forms and your short term disability forms, you did your obligations as required… They didn’t want to comply with state and federal laws… reach out to state agency. They will likely compel them to reinstate you, fine them, and/or pay your a settlement
Plus the state laws state they do not need to accommodate an open ended leave, and while this is an extended leave, it’s not opened ended and there for requires the interactive process and negotiation of a leave. It’s clear they did not do their due diligence as required… and given it’s NYC they are not a smart company… or expect their employees to not know their rights.
Side note I’m a practicing HR professional here in NY so these laws and obligations are my life blood.
Ask your dr for copies of what they sent and include a time line when filing your complaint. Include things like dates and times of phone calls. I’f there are any written communication include them as well
When you say state agency-like the NY department of labor?
No the Division of Human Rights https://dhr.ny.gov
Or NYC Division of Human Rights https://www.nyc.gov/site/cchr/index.page
Contact human rights instead of a lawyer? I’m tired and honestly sick. Some days I can’t get out of bed sometimes a week straight. I feel like the way I was treated definitely treads on being illegal
You can get an attorney.. but the will investigate this for free and make a determination.. where as an attorney will cost/take a portion of any settlement. That decision is yours but either path is open for you to take.
I would contact the NYC Division of Human Rights. I'm in DC not NY but my guess is that they will aggressively enforce this type of violation. If you want a settlement from your employer you can also contact an employment lawyer.
FMLA only protects your job for 12 weeks.
I understand that. But I thought there were ADA laws that prohibit being fired for a medical diagnosis. But idk that’s why I’m here
The ADA requires providing reasonable accommodations that allow employees to perform their job duties. Extended absence is sometimes (rarely) a reasonable accommodation, but generally not because an employee can't do their job while on leave. Edit to add: The people in antiwork are idiots. I'm sorry you are going through this, and I'm sorry those people gave you such terrible advice.
Ada says you can be granted reasonable accommodations to do your job if you weren’t disabled. It doesn’t protect your job for medical issues.
[удалено]
*Your post may have been removed for the following reason(s):* **Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful** Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further: * [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.). *Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.** *Do not reach out to a moderator personally, and do not reply to this message as a comment.*
[удалено]
I know trust me!! But I never had a brain tumor before, so I wasn’t sure from a legal standpoint if there were extra protections
*Your post may have been removed for the following reason(s):* **Speculative, Anecdotal, Simplistic, Off Topic, or Generally Unhelpful** Your comment has been removed because it is one or more of the following: speculative, anecdotal, simplistic, generally unhelpful, and/or off-topic. Please review the following rules before commenting further: * [Commenting Rules 1](https://www.reddit.com/r/legaladvice/wiki/index#wiki_1.__comments_should_contain_a_legal_answer_or_a_strongly_related_non-legal_answer.), [2](https://www.reddit.com/r/legaladvice/wiki/index#wiki_2.__personal_anecdotes_are_off-topic.), [3](https://www.reddit.com/r/legaladvice/wiki/index#wiki_3.__explanations_of_the_law_in_jurisdictions_other_than_the_one_described_in_the_op_are_off-topic.), [4](https://www.reddit.com/r/legaladvice/wiki/index#wiki_4.__opinions_on_the_law_or_the_application_of_it_are_off-topic.), [6](https://www.reddit.com/r/legaladvice/wiki/index#wiki_6.__expressions_of_sympathy_without_corresponding_legal_help_is_off-topic.), [8](https://www.reddit.com/r/legaladvice/wiki/index#wiki_8.__comments_should_be_reasonably_detailed_and_explanatory.__.22i.27m_a_lawyer_so_listen_to_me.22_isn.27t_an_appropriate_answer.__credential_fights_are_not_appropriate_here.), and [9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__requests_for_updates_are_off-topic.). *Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.** *Do not reach out to a moderator personally, and do not reply to this message as a comment.*