Woodstock, GA asked in Employment Discrimination for New York

Q: After 20+ years of work with company had heart surgery, took 12 weeks off, now demoted and threatened to be fired daily.

I can still perform my job and have only 2 years until retirement.

Was demoted while off for disability leave and it seems like the company is trying to make me fail at my job or quit.

Is there a case under Americans with Disabilities Act?

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3 Lawyer Answers
V. Jonas Urba
V. Jonas Urba
Answered
  • Employment Law Lawyer
  • New York, NY
  • Licensed in New York

A: You definitely need to consult with employment lawyers on that issue. Many more facts need to be discussed before you take any action. Initial phone consultations are often no charge. Good luck.

Derek John Soltis agrees with this answer

Emre Polat Esq.
PREMIUM
Emre Polat Esq.
Answered
  • Employment Law Lawyer
  • Englewood Cliffs, NJ
  • Licensed in New York

A: There may be violations of the FMLA as well as the ADA. Consider a consultation for case evaluation.

Derek John Soltis agrees with this answer

Michael Diederich Jr.
Michael Diederich Jr.
Answered
  • Employment Law Lawyer
  • Stony Point, NY
  • Licensed in New York

A: If your employer perceives you to be disabled (as to a qualifying disability), or if you have a record of such disability or have the disability, AND you can perform the essentials functions of your job (with or without reasonable accommodation), and the employer is large enough to be covered by the ADA, then the ADA may protect you. State or city law may also provide protection. You should consult with an employment lawyer to protect yourself. Many lawyers will provide a consultation at no charge.

Derek John Soltis agrees with this answer

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