Q: Do we have a case for disability discrimination/Civil Law Service breach/retaliation? limited space, cant give more dtls
Hello - I think my husband has been discriminated because of his disability.
He is a competitive class worker laid off from CUNY after 16 years. He had to take two FMLAs in the past two years. In Feb 2018, after returning from sick leave he was told to request transfer to another campus, since they wanted to “remove the line” from payroll.
In May 2018 he had hours changed to be the same as those of the outside contractors, i.e. was forced out of performing his regular tasks and duties. A month later he got a 30 day termination notice dated July 12 , with no options offered. During that same time a provisional opening for his title popped up at another campus, posted 7/17/2018, with closing date of 8/7/2018. There were also few openings in titles he would qualify for (with lower pay) which he was never offered. He was sent to the other campus to interview for the provisional position, and was not hired. He is the only laid-off person at CUNY.
A:
I doubt that anyone will be able to answer your question.
You don't want to post details about medical issues on a public forum.
Employment law cases are fact intensive and document heavy. To really, truly get a handle on any case a lawyer needs to spend considerable time with your husband. Then the lawyer spends time reviewing, sometimes, voluminous documents. Then the lawyer and potential client discuss time frames, costs, expenses, fees, etc...
Your husband should call around. I myself spend some time with a potential client before meeting them in person. Why waste everyone's time if I think recovery is a long shot? Meet with other lawyers in that case; just because one lawyer decides not to accept representation does not mean that a person does not have a case. It means that that lawyer decided the lawyer/client fit was not right. Not every client is right for every lawyer. Unlike the medical field where insurance pays regardless of outcome, many of us only get paid for positive outcomes so we need to be more selective.
Speak with many lawyers. Meet with several. Then decide which lawyer your husband may be able to work with for potentially a very, very long time. The first thing some employers suggest is taking an employee back. If your husband is not interested in going back to CUNY that in itself could present an entirely different challenge since he has a duty to mitigate. He needs to keep looking for work and keep a log of the hundreds of jobs he will probably be applying for re-employment - civil service and private sector.
Any case can become a full time endeavor for your husband as well as his lawyer. Good luck.
1 user found this answer helpful
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