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Questions Answered by Jimmy M. Santos
1 Answer | Asked in Employment Law for New York on
Q: Can one be fired for missing a lot of work due to a documented medical issue?

My friend started a Job about 7 months ago and has missed a lot of time due to documented medical issues. He has been medically cleared to return to work but is having post op complications and is afraid he will be fired if he misses any more work.

Is it legal for an employer to fire... View More

Jimmy M. Santos
Jimmy M. Santos
answered on Mar 10, 2023

Your friend needs to consult with an employment and labor law practitioner. It is possible that he might be protected if his documented medical issues qualify as a "disability" under the American With Disabilities Act, the NYS Human Rights Law and/or the NYC Human Rights Law (if his... View More

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: I was denied employment by a temp agency based on my criminal history.

I was denied employment based on my criminal history by a temp agency. I was interviewed by the temp agencies client company and was told that I had gotten the job. The temp agency then screened me doing a drug test and background check. I disclosed on my background check my felony conviction that... View More

Jimmy M. Santos
Jimmy M. Santos
answered on Mar 10, 2023

In New York, discrimination based on a past criminal conviction could be unlawful depending on several conditions. Under the NYS Human Rights Law and NY Corrections Law, the prospective employer must conduct a multi-factor analysis to determine whether it can decline to hire you, such as the... View More

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