A Bronx employment attorney at The Law Offices of Delmas A. Costin Jr. often speaks with people who have been fired for using too many sick days or for taking sick leave from work. In some cases, it is allowable for your employer to fire you for taking sick days off from work. In others, such terminations run counter to the employment laws of New York. Your Bronx employment attorney will review your case to determine whether your firing appears to be an illegal one, and if so, they may agree to take your case.
At-Will Employment Versus Employment Under a Contract
If you do not have a contract under which you work, New York will apply the at-will standard to your employment. At-will employment means that your employer may fire you for any reason, as long as the reason is a legal one. This means that if your sick days caused poor attendance, they can fire you for the attendance problems. If your employment runs according to a contract, however, your employer must follow that contract as the conditions for discharge are outlined by it. A contract may be for a union. Even if you are not a union member, though, if your employer has a manual in which discharge reasons and procedures are outlined, it may be considered to be a contract by a court.
Prohibited Terminations Based on Status
Under New York law, your employer may not terminate you for certain prohibited reasons. Among these prohibited bases is your disability status. If your employer terminated your job because of your specific illness, then you may be able to sue them. Your employer is required to reasonably accommodate you to allow you to work despite your disability. If they refused to do so, then they may be held liable.
Prohibited Terminations for Taking Leave Protected under the Family Medical Leave Act
For certain businesses having 50 or more employees, the federal Family Medical Leave Act, FMLA, allows workers to take sick leave to care for themselves or for a close relative or child. To be covered under the FMLA, the employee must have been working at a business that is also covered under the law for a minimum of one year. They must also have worked more than 1,250 in that year, and the business must have at least 50 employees working for it within a radius of 75 miles.
Contact a Bronx Employment Attorney
If you have been terminated for taking too many sick days, you may want to get help from an employment attorney. An attorney may be able to review the facts of your case to determine whether any state or federal laws were broken by your employer. If it appears they have, your attorney may then draft and file your civil complaint with the appropriate courts and agencies. They may also depose witnesses and negotiate with other attorneys in order to help you to recover maximum damages. To contact a Bronx employment attorney, call The Law Offices of Delmas A. Costin Jr. at (877) 440-0854.