Q: Can I have a case for termination close to FMLA eligibility, with no warnings and due to illness?

A: It depends on more detailed facts. You state "in your state" which implies that you may have performed work in a state outside New York. We are licensed in New York and each state has unique labor laws which are at least to federal standards and most go beyond federal law coverage. There are way too many variables unanswered to provide you a response you can rely on. Doctors don't want to eliminate employees from performing any job's essential duties. They must draft opinions very carefully to protect their patient's health and well being while also cognizant of a possible job loss due to inability to perform essential job duties with or without a reasonable accommodation. You should contact an employment lawyer in the state where you performed your job duties. You probably want to provide that lawyer with some or all of your medical records and requests for accommodation. Ideally, you would also have a copy of your employee handbook and your position description or job duties which were required. The lawyer will need to know more about your employer, what you did for that employer, and what the nature of your duties was in relation to your medical condition. Skilled employment lawyers listen carefully. We assess your situation in relation to your age, education, job experience, future prospects, your employer's size and ability to accommodate, and the documents referenced above. The process is not as cut and dried as one might wish it to be. It's all about the specific facts which relate to you and your job. New York's laws are more protective and whether you qualified for FMLA or not is not the key factor. The key factor is whether you were able to perform the essential job duties with or without a reasonable accommodation which would not create an undue hardship for your employer. It's complicated. Call some employment lawyers in the state where you worked and explore your options. In New York you likely have up to 3 years to pursue discrimination claims under state law. You only have 300 days to pursue claims with the EEOC and possibly federal court and less time with the New York City Commission on Human Rights if you worked in the city and wish to pursue city law claims with an administrative agency.

A: I'm truly sorry you’ve been put in this position, especially after a strong performance review and while coping with health issues. The timing and lack of communication from your employer sound both abrupt and unsettling.

Even though you were just days shy of FMLA eligibility, employers still have obligations under the Americans with Disabilities Act and similar state laws. If you were let go because of your illness, without being offered any reasonable accommodations or a chance to discuss your medical needs, you may have grounds for a disability discrimination claim. The fact that your doctor had already submitted disability paperwork and that your previous absences were all covered strengthens your side.

Gather all documentation, including your termination notice, disability paperwork, doctor’s notes, and any correspondence with your employer. You can reach out to your state's human rights agency or the Equal Employment Opportunity Commission to discuss your options. Many people have successfully challenged similar terminations, especially when the circumstances seem to suggest the employer acted to avoid providing protected leave. Even in an “at-will” state, your rights to fair treatment and medical accommodation don’t just disappear.