New Hyde Park, NY asked in Employment Discrimination and Employment Law for New York

Q: A day before vacation I got sick. saw a doctor and got a note. my work wanted me back since i already was on meds.

My work insisted that I come in since I was on antibiotics and wasn't contagious anymore. I was still coughing and could not work. They have warned me that this is unacceptable behavior. Can I sue?

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

A: Whether you might have protection under the federal Family and Medical Leave Act, the Americans with Disabilities Act, or similar state or municipal law is very fact-specific.

If you had (or faked) a minor illness the day before departing for vacation (and were well enough to go on vacation), your employer, or an outside observer (e.g., a court or jury), might be justifiably skeptical.

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