Brooklyn, NY asked in Employment Discrimination, Employment Law and Personal Injury for New York

Q: I have a swollen knee. I asked my boss if I can work from home and he said “he prefers me to come to the office”

Am I able to sue my employer for this? I have a picture of my knee with a date on it. Also I am not getting overtime paid for 3 years.

1 Lawyer Answer
Brian Greben
Brian Greben
  • Employment Law Lawyer
  • Great Neck, NY
  • Licensed in New York

A: You quite possibly have a disability discrimination case, depending upon how "reasonable" your request to work from home was. Probably more important, however, is the fact that you haven't been paid OT in 3 years. If you are a nonexempt employee, and are therefore entitled to overtime, you are probably owed twice the underpayment, as well as possible statutory damages and attorneys fees. You should contact an attorney to discuss this.

Lisa I. Fried-Grodin agrees with this answer

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