New York is considered what a Bronx employment lawyer terms as an at-will employment state, which means an employee can in most instances be fired for any reason or no reason at all. In some circumstances, however, termination by an employer may be wrongful and may give rise to a Bronx employment termination case.
Employers in New York are bound to follow relevant federal law when it applies to allowing eligible employees leaves of absence without being terminated. In addition, as a Bronx employment lawyer counsels, where state law may also address the same right, the employee is entitled to opt for protection from the one most beneficial.
The Federal Family Medical Leave Act, or FMLA
In addition to other reasons why leave is guaranteed that your Bronx employment lawyer can explain, the FMLA permits eligible workers up to 12 weeks of leave for serious health conditions. To be eligible, an employee must:
- Have been employed by the company for at least one year;
- Have worked at least 1,250 hours during the previous year; and
- Be employed by a company that employs at least 50 employees.
The Employees Rights During and After Leave
While on leave, the employee has the right to maintain his or her insurance at the same cost as while working. At the conclusion of the leave, the employer is entitled to his or her previous position back or one that is equivalent. A failure of the employer to do so may provide grounds for a Bronx employment termination case.
The Americans with Disabilities Act
In circumstances where the health condition that triggered the FMLA leave results in a disability, the employer may be required to make reasonable accommodations for the employee in order for the employee to maintain employment.
Contact a Bronx Employment Lawyer for Legal Counsel
If you have been fired unjustly, you have rights. Understand those rights and protect them. To determine if you have the basis for a Bronx employment termination case, call the Law Office of Delmas Costin, Jr., a Bronx employment lawyer, at 718-618-0589.