Queens, NY asked in Employment Law for New York

Q: Garden leave.. I signed a contract 2yrs ago agreeing to give 90 days notice if I resign.

My wife got pregnant and in January (3 months) I informed my employer and asked if I could work from home. (Currently I work in our office 4 days a week on a IT help desk answering calls and going to users to fix technical issues.)

My wife’s Dr. wrote a note advising that if possible both she and I work remotely if possible.

I discussed all with my mgr. and HR, presented them with her Dr’s note, and asked if I could work remotely until after the baby arrives… Since Jan 25, nothing has been done..

Last week I got an offer from another firm(they are NOT competitors) and they are willing to let me “work from home” until the fall. I want to resign asap, can my firm take legal action?

It is really a health issue..

Neither my wife nor I have gotten the vaccine and are terrified about Covid and risking that I may catch it before her due date and give it to her..

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1 Lawyer Answer
Carrie Dyer
Carrie Dyer
Answered

A: The ADA does not apply to you here, so there is no legal obligation for your employer to honor a request for an accommodation of working from home due to your wife's pregnancy. If you entered into a contract agreeing to give 90 days' notice of your resignation, and you resign immediately, then you will be in breach of your contract and your employer could pursue legal action for that breach. You could give you 90 days' notice now and see if your employer would be willing to work with you on an earlier exit. You could contact an employment law attorney in your area for help negotiating with your employer.

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