Our “beloved” Upstate New York winter is not coming. Our planet has been steadily heating up, these past 8 years have been the hottest recorded in history. Summer temperatures have become scorching, and winter temperatures are not what they used to be. While some celebrate our winters being warmer, it’s a sign that pollution in the environment is building up to the point of no return, some parts of the earth will no longer be habitable as soon as 2050. Global warming isn’t nonsense, it’s not made up to get you to buy certain products, it is a very real issue that affects each and every one of us in day to day life. In order to begin to heal our planet, everyone needs to take actions that lead to the reduction of global warming and pollution in daily life.
We can do this by reducing plastic usage. Plastic heavily contributes to greenhouse emissions, which is the factor responsible for heating up our planet. Doing something as simple as re-using a bottle, or purchasing a plastic alternative helps in more ways than you can imagine. Re-use is more effective than simply recycling an item, only 6% of plastics are actually recycled. You may separate your recycling from your trash, but once it leaves your home, they both become mixed together. Recycling is not nearly as effective as re-use and reduction practices. The iconic ‘Reduse, Re-Use, Recycle’ saying is a tier list, ranking the most effective practice to the least effective out of the three.
Even if this issue doesn’t seem to matter to you, reader, think of your children. Think of your children’s children. Do you really want to leave this world polluted and barely habitable for them?
We hope that everyone has a stress-free transition back into the school year. But, sometimes, things go wrong at school, and this article will explore when liability can arise.
First up, personal injuries.
A school is a property like any other, which means that if you are hurt by dangerous conditions like disrepairs and poorly maintained facilities, you can sue for negligence. Schools can also be sued for failing to take remedial action with respect to bullying, and in the context of other instances of violence like fights between students or altercations with personnel.
An item to keep in mind if you are injured at a school is that most schools in New York enjoy a layer of protection provided by the Education Law’s notice of claim requirement. This means that, as a prerequisite to filing a lawsuit, you have to serve a notice of claim on the appropriate individual(s) within three months of the date of your accident. This applies to students as well as to other visitors to the property.
What if you are an employee of the school? Typically, employees in New York cannot sue their employers for negligence because of the Workers’ Compensation law. That means if you slip on a spill in the cafeteria that should have been cleaned up sooner, your remedy is in Workers’ Comp and not in a lawsuit. Employees who are injured at work can have recourse, however, if there is a third party responsible. So, if a contractor is doing work at the school and you are injured because of its negligence, you can have what’s called a third party claim against the contractor and still receive Workers’ Compensation. However, your recovery in a personal injury lawsuit will likely be reduced by what you have already received, i.e., the Workers’ Comp lien.
Next up, employment issues.
Public schools are subject to the same state and federal anti-discrimination laws as any other employer, as well as the federal Family and Medical Leave Act. This means that employees cannot be targeted because of their protected status (for example, sex, race, a disability, or age) or be retaliated against for making a complaint of discrimination or harassment based on their protected status. When it comes to state law claims, that notice of claim requirement still applies, so it’s important to keep an eye on applicable deadlines. Federal employment claims are not affected by the notice of claim requirement but may require filing a charge at the EEOC before moving forward with a lawsuit.
In public schools, employees also enjoy some, albeit limited, First Amendment protection when they speak on matters of public concern.
Often teachers and other school employees have protection through their union Collective Bargaining Agreement or under the Civil Service Law or Education Law, that may offer some job protection beyond what is available to many private employees. So, it is important for someone dealing with an employment related issue to be sure they understand all of their rights and options as they navigate a difficult work situation.
We certainly hope that the school year goes off without a hitch, but if not, be sure to keep in mind that schools enjoy some heightened protections in New York so it’s important to explore your options sooner rather than later.
Attorney advertising. Prior results do not guarantee a future outcome.
Today we are going to talk about what to do if you are hurt in a car accident involving a driver who was intoxicated or under the influence of drugs.
There are a couple of things that you need to think about if and when you are involved in an accident involving a drunk driver, or a driver who was under the influence of drugs, including marijuana, which is now recreationally legal in New York.
The first thing you’ll want to do is make sure that the police are called so that a police report can be made, statements obtained, etc. If a driver is under the influence they will likely be issued tickets, which is important because that can help you establish liability down the road in the event that you have to file a lawsuit or if you’re dealing with an insurance company.
You’ll want to make sure that you call the police, that the police come to the scene, accident reports are completed, insurance information is exchanged, and any witnesses are identified by the responding police officer. After the accident, you or your attorney is going to want to reach out to the local court or district attorney who is responsible for prosecuting those tickets, who will be notified that this was an accident that involved a serious injury.
Why do we do that? Because then the prosecutor is less likely to give a quick plea deal to the wrongdoer, which may become important later if there is an admission of liability in the criminal matter.
You’ll next want to make confirm the insurance coverage limits for the other driver, and notify any relevant insurance carriers. This may not only include the other driver as we’ll discuss below.
After you have determined the other driver’s insurance coverage limits, you may need to notify your own insurance company that you have a potential SUM or UM claim. This is a claim that allows you to seek damages from your own insurance company in excess of the other driver’s insurance.
Why is this important?
This is important because often drunk driver involve very serious injuries. You may need surgery or surgeries. You may have a long recovery. You may miss work, or worse. If the other driver has minimal insurance coverage it may not be enough to adequately compensate you.
SUM or UM coverage – under your own insurance policy – is there to help you in this exact scenario, and in many cases allows you to make a claim for damages beyond the other driver’s coverage. If you don’t know what your SUM or UM coverage is take a look at the declarations page on your auto insurance policy. You can get that from your insurance carrier.
TIP: If you’re able to, you should increase your SUM/UM coverage. It’s relatively cheap, and we have had far too many clients obtain less than they should because of inadequate coverage.
Of course the most important thing following an accident is to take care of yourself or your family member. Thinking about the above, however, may also help you or your family in the end.
If you have questions contact us today.
*Attorney advertising. Not intended as legal advice. Prior results do not guarantee future outcomes.
Members of the LGBTQ+ community are protected from discrimination and harassment in the workplace under both New York State and federal law. The New York Human Rights Law explicitly lists sexual orientation and gender identity as protected statuses, and the United States Supreme Court – in the landmark 2020 civil rights case Bostock v. Clayton County – found that Title VII’s prohibition against sex discrimination encompasses both sexual orientation and gender identity.
New York’s law more expressly addresses issues relating to gender identity because of GENDA (the Gender Expression Non-Discrimination Act). Specifically, GENDA applied the protections of New York’s human rights laws to gender identity and expression, which are defined as “a person’s actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristic regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender.”
What does this mean? Most of us are familiar with what it means to target someone because of their sexual orientation, i.e., someone’s physical, romantic or emotional attraction to another person. Some of us are more recently learning about gender identity and what it means to be transgender, i.e., that someone’s gender identity is different from the one they were assigned at birth. Individuals are also protected from gender stereotyping, i.e., you do identify as the same gender you were assigned at birth, but you don’t, for example, dress in the way one expects a woman or a man to dress and you are targeted for that reason.
What is illegal? Anti-discrimination statutes prohibit employers from taking what we call an “adverse employment action” – like getting fired or not being promoted – against an employee because of that employee’s protected status. Most employees are “at will”, meaning they can be fired at any time for any reason, so the sticking point in any employment case is demonstrating that the employee was targeted because of their protected status and not some other reason, even if we don’t agree with it.
These laws also protect employees from harassment based on their sexual orientation or gender identity. When harassment rises to the level of a hostile work environment and, in extreme cases, to the employee’s forced resignation, they can also have a claim under the anti-discrimination laws. The law also encourages employees to complain about harassment, and those complaints – assuming they specifically raise the illegal reason – are protected from retaliation.
What can I do if I am targeted? Making an internal complaint to your boss or HR is always an option, and the law encourages this type of complaint particularly if the harasser or wrongdoer is a coworker. Retaliation is always a risk, but this can be an opportunity for the employer to make things right. You can also make a complaint to the EEOC (this is required to preserve federal claims) or to the New York State Division of Human Rights (this is optional). Lawsuits are also an option and employees are allowed to make immediate claims in court under New York State law which, unlike federal law, does not require making a complaint to an agency first.
This article is for informational purposes and should not be relied on as legal advice or in taking action at work. Every situation is different and you should consult your employee handbook and consider speaking with an attorney to discuss your rights and options.
Pay attention for five minutes and you’ll see an Amazon or other delivery truck. This highlights a concern with the continued growth of Amazon and its web of delivery providers: who is responsible when those delivery vehicles are involved in accidents?
Despite the fact that Amazon dictates the routes and schedules of the majority of delivery vehicles – the company is increasingly using delivery providers other than the USPS – Amazon has tried through legal techniques to limit its liability in the event one of the drivers is involved in an accident. The company has done this in part through what are known as hold harmless, or indemnification agreements. These agreements ensure that the delivery companies take responsibility for accidents, even where their drivers are rushing in order to keep to Amazon’s notoriously difficult schedules.
And this is concerning, because with the ubiquity of delivery services, accidents are inevitable.
So, who is responsible?
The answer is the owner/operator of the vehicles, which may be sufficient if that they have adequate insurance. The problem arises where the company does not have adequate insurance to cover damages.
Let’s look at an example: Smithco operates a delivery service. The company’s primary contract is with Amazon to delivery its packages. Smithco maintains a $500,000 liability policy on its vehicles.
John, a Smithco driver, is exhausted, having worked a twelve-hour day delivering for the company, but in order to satisfy Amazon’s requirements, must make one last delivery. Tired and not paying complete attention, John looks down at his phone and doesn’t see Tim, a pedestrian, crossing the street. He hits Tim, causing severe and permanent injuries.
Amazon, of course, claims that it has no responsibility because it does not own the vehicle and does not employ the driver. Smithco’s insurance company will likely pay the entire amount of its insurance policy, but this isn’t enough.
In this case, Tim would, after exhausting the insurance policy of Smithco, look to his own insurance policy’s SUM, or UM coverage. This coverage provides for supplemental benefits where the wrongdoer’s insurance is insufficient to cover the damages. The critical thing here, however, is that Tim must have taken proactive steps to ensure that his SUM/UM limits were high, because if he did not, his carrier would likely have only given him the New York mandated minimum of $25,000.
Assessing and determining liability following an accident can be a complex and confusing process. If you have questions about it, reach out to us today.
May is Mental Health Awareness Month. Individuals with mental health conditions are protected in the workplace in several different ways, but we will see employers having difficulty in this context. Whether it’s because of stigmas associated with mental health conditions, or a lack of awareness as to how to handle situations where an employee needs support during a difficult time, this is one of the most common areas where we see things falling apart at work.
Many if not most mental health conditions are “disabilities” within the meaning of the anti-discrimination laws including the federal Americans with Disabilities Act (ADA) and the New York State Human Rights Law (NYHRL). This means that qualified employees are entitled to reasonable accommodations and to be free from discrimination, harassment and retaliation for making a complaint of violations of the law. Under the NYHRL, victims of domestic violence are also entitled to time off to receive counseling. Mental health conditions can also fall under the definition of a “serious health condition” within the meaning of the Family and Medical Leave Act (FMLA). The FMLA is the federal law that gives eligible employees of larger private employers and public employers up to twelve weeks of job protected leave.
WHAT IF YOU NEED SUPPORT?
Sometimes employees need time off to treat a mental health condition. Other times, employees need an accommodation because, for example, a medication may incapacitate them at certain times of the day. In either of these situations, the law typically puts the initial burden on the employee to give the employer enough information to put it on notice that leave or an accommodation is needed. If you are eligible for FMLA leave, the employer will typically provide you with a medical certification for your doctor to complete. If you are more in the reasonable accommodation context (and sometimes a scenario falls under more than one statute), your employer is required to engage in an interactive process with you to figure out a suitable accommodation. You may not always be entitled to exactly what you’re asking for, but the law wants the employer and employee to work together to find a solution.
WHEN DO THINGS GO SOUTH?
Sometimes the nature of the mental health condition carries stigmas that result in discrimination in the workplace. Maybe you don’t need an accommodation or leave at all, but your employer becomes aware that you went to rehab or that you are a veteran with PTSD. Sometimes we see employers start to treat employees differently – they suddenly consider them to be a danger, or they start micromanaging them.
Other times employers simply don’t realize the disability laws are implicated, and they don’t treat a mental health condition the same way they might treat a physical condition that requires an accommodation. Sometimes, at the end of FMLA leave, an employer might perceive their legal obligations to be met, and they fire an employee who needs a little more time off. At that point, the disability laws may have protected an additional period of leave, and sometimes employers get themselves in trouble in that context.
It can be very difficult to raise a mental health struggle to your boss. And, unfortunately, sometimes this disclosure does result in a breakdown of the employment relationship. But employees do have rights and it is important for employers to be aware of these rights, to avoid applying stigmas, and to treat with sensitivity a situation that is often temporary – at least in its impact on the workplace – and can be handled with compassion and moved past.
Every situation is unique, including whether a condition falls within the applicable laws or whether an accommodation is feasible. This article should not be relied on as legal advice or in taking action at work. If you need support, consult your handbook on appropriate procedures and consider speaking to HR or an attorney about your options.
ABOUT THE AUTHOR
Giovanna A. D’Orazio has experience litigating, among other things, commercial, general civil, employment, land use and personal injury matters in New York State and federal courts. Giovanna also has experience litigating Article 78 proceedings in New York State court.
Nancy Turner, a Democrat of Glens Falls, NY, announced that nominating petitions have been filed with the Warren County Board of Elections to secure a ballot position for the upcoming Democratic Primary. Mrs. Turner, who is the endorsed candidate by the Glens Falls Democratic Committee, stated “Glens Falls needs strong advocacy for the City at the Board of Supervisors,” which is her major reason for running for office at this time.
“When I was walking door to door, I spoke with many individuals about their interests and needs. During the petition process, I learned that I live in a very diverse community, and am looking forward to having more conversations with my constituents,” Turner said. The election will be held June 27th, 2023.
“I am running for County Supervisor to use my planning, organizational, communication and business skills at the Board of Supervisors. Over the years, I have worked with many City officials and local business owners. I am proud to have earned their respect and friendship and plan to leverage those relationships as a County Supervisor. Glens Falls needs strong advocacy for the City at the Board of Supervisors. I plan to continue the good work of our current Supervisor Claudia Braymer in the areas of improved environmental policies, funding for the needs of Glens Falls, keeping down County taxes for our City taxpayers, and improving County services for City residents… I have been meeting with Supervisor Braymer for months so that I can hit the ground running as our next Supervisor. I reside in Glens Falls and have a strong professional history in hospitality, administration and communication. My skills as a business leader will benefit my political race and will enhance my strong commitment to my community… I have been very active in Glens Falls, volunteering my time with the Glens Falls Collaborative Board of Directors, (of) which I am currently President. I work with many people across the City on programs and activities that benefit the City and its citizens,” Turner said.
One of the big stories this week/month was the settlement on the eve of trial of the defamation case between Dominion Voting Systems and Fox News. The case settled during the first day of trial and at or near the conclusion of jury selection, for nearly $800,000,000.
A quick recap: following the 2020 Presidential election multiple theories were floated relating to the validity of the election. Many of these were broadcast on Fox News, among those theories relating to the validity of Dominion’s voting machines and software.
Dominion sued Fox for defamation, alleging that the company (through its executives, anchors, etc.) knowingly made false statements about its products and as a result caused substantial damages. The company sought some $1.6 billion in damages. Fox denied these allegations, asserting that the information it broadcast was relevant to the public interest, and was likewise protected by the First Amendment. The judge in the case issued a series of pre-trial rulings, among those that the statements were, in fact, false, and the case was scheduled to begin a jury trial on Monday, April 17.
Monday came and went with an announcement that the trial had been adjourned for one day to allow the parties to explore a possible settlement. When the parties could not reach one, jury selection began. During what became a three-hour lunch break, Fox and Dominion finally reached a settlement, and the case was over.
Today we’re going to talk about why cases settle, and why they settle when they do.
The average person might look at the Fox-Dominion case and ask why it got this far if it was just going to settle. That would be a fair question. The practical answer would be that the parties needed to engage in pre-trial discovery (the process by which parties to lawsuits ask for and exchange information), which is true. Dominion did not have access to the many emails and text messages between Fox Anchors and executives (some of which were very harmful) and it’s likely that Fox did not have early access to any information which supported Dominion’s claim of damages. So, it’s not entirely surprising that discovery was necessary.
Okay, but why then didn’t the case settle after discovery, but well before the parties prepared for trial?
Legal disputes settle at many different points. Sometimes they settle before papers are even filed, where each side has determined that an early resolution is in their own best interest and these interests align. Sometimes they settle after discovery, when the parties each have a complete picture of the case and are able to agree (without actually agreeing) as to what an appropriate outcome should be.
Other times, however, cases simply cannot be settled until there is a real, in-your-face threat of a trial and (in this case) by extension a jury verdict. It may be that one side is being unreasonable with its demands or offers, or the other failing to recognize its own strengths/weaknesses. What often happens, however, is that when the Court presses “Go” and a prospective jury is brought into the Courtroom, things get real very quickly. All of a sudden parties really start to think about what testimony might actually come in, and (particularly in high profile cases) how it will be perceived. They start to really consider the uncertainty of the whole thing; or how their fate is now in the hands of these 12 (or in New York, 6) jurors whom they’ve never met.
And that’s why it was not at all surprising to see the settlement come when it did. What took so long? Likely a combination of the factors above: Dominion appeared to be dug in on its demands, including a public acknowledgement by Fox that it knew the statements were false (or, ultimately, a public acknowledgment of the Judge’s ruling that the statements were false); Fox was likely dug in on some technical legal issues on which it thought it could win (whether at trial or on appeal). But ultimately, when the rubber hit the road, and when they were each facing a jury of “peers”, everyone recognized what was at stake. Fox in particular, being a large publicly traded company, had more absolute risk and therefore more incentive in the end to settle, particularly given the damaging written communications and the prospect of its most famous anchors and CEO testifying in open court.
There’s a saying mediators often use that a successful mediation is one where both sides walk away mutually unhappy with the resolution. In this case I’m not sure that Dominion walked away unhappy, and to that degree it seems like a win. Fox certainly took a hit to its reputation and its wallet; however, by settling the case the company was able to contain the fallout, at least for now.
ABOUT THE AUTHOR
Scott M. Peterson is the founding partner of D’Orazio Peterson, having left a partnership at a large regional law firm to limit his practice and focus on exclusively representing individuals in a small number of employment and serious injury/medical malpractice matters.
According to Wellspring, the domestic violence and sexual assault services resource for Saratoga County, 81% of women will be sexually harassed or assaulted in their lifetime. That is a sobering statistic. And it’s not just women – the same nationwide survey found that 43% of men have also experienced some form of sexual harassment or assault in their lives.
In addition to emotional and physical trauma, surviving a sexual assault can bring with it a host of legal issues.This article will focus on employment and personal injury law, but readers should know that organizations like Wellspring can assist in obtaining orders of protection, accompanying individuals to the hospital or the police station, and generally help to navigate a very difficult time.
When sexual assault or harassment happens in the workplace, not only is someone’s well-being at risk, but their livelihood as well. Assault and harassment are protected forms of sex discrimination and hostile work environment under both federal and state law. The law also protects employees from coercive sexual relationships, what we call “quid pro quo” sexual harassment. This is when a boss or individual with power over your employment requests sexual favors in return for continued employment or advancement.
What if an assault happens at work? Contacting law enforcement is of course always an option, and your employer should not discourage you from doing so. If the perpetrator is a coworker, you can also report the assault or harassment to your boss and Human Resources. New York law requires employers to maintain a sexual harassment policy that will lay out a complaint procedure. If the perpetrator is your boss, and your employer is large enough to have a Human Resources department or another designated individual to complain to, you can do that. If there is no one to complain to because you work at a small company, you can consider making a complaint to the EEOC or the NYS Division of Human Rights.
With respect to your legal remedies, while not all harassment is a “hostile work environment” within the meaning of the law, a sexual assault at work very likely is. Sometimes, the level of recourse you have against your employer depends upon the employer’s response. If your employer responds appropriately to investigate, protect you, and discipline the perpetrator, then you may have less recourse for your lost wages if you decide to leave the workplace. On the other hand, if your employer does not take your complaint seriously, does not remedy the situation appropriately, or retaliates against you for complaining, the law may support what we call a “constructive discharge” – a situation where the employee resigns but still has legal recourse for their lost wages. Both state and federal law also allow for recovery of emotional distress damages stemming from a sexually hostile work environment.
New York law also protects victims of domestic violence in the workplace, and domestic violence can include sexual misconduct and offenses. The law not only protects victims of domestic violence from discrimination, but also requires reasonable accommodations for certain types of absences including to seek medical attention, attend court proceedings, and receive services.
Assaults, in or outside of the workplace, can also give rise to civil liability for the perpetrator. Assault, battery and false imprisonment are all civil legal claims that can be brought against the perpetrator of an assault in a lawsuit. It is important to keep in mind that these types of claims – which are called “intentional torts” – have a short one-year statute of limitations in New York. Currently, the NY Adult Survivors Act is in effect, which has reopened the statute of limitations, for a limited period of time, for sexual assault claims by individuals who were assaulted as adults. New York previously had this type of law in effect for child victims – you’ve likely heard about it in the context of claims of clergy sexual abuse.
Sometimes a sexual assault happens under circumstances that can also give rise to a negligence claim. These types of claims have a longer statute of limitations. An example could be suing a property owner for lax security if they know of a threat. Recently, a New York family was sued successfully for a sexual assault perpetrated by their son against a girl sleeping at their home.
Navigating the legal process and its various options after a traumatic event can be overwhelming. Luckily in our community we have resources like Wellspring, the Legal Aid Society of Northeastern New York, the Catholic Charities Domestic Violence Project of Warren and Washington Counties, and The Legal Project in Albany, as well as private attorneys, who are able to assist.
Ways to Learn More and Support Sexual Assault Survivors this Month:
Denim Day: Wear denim on Wednesday, April 26 to bring awareness to the stigmas and victim blaming surrounding sexual assault. This day commemorates a (shameful) Italian court case in which the judge found that, because a young woman was wearing tight jeans at the time of her assault, she must have assisted in removing them and, therefore, the assault was consensual.The next day, the women of the Italian Parliament came to work in jeans in solidarity with the victim.
ABOUT THE AUTHOR
Giovanna A. D’Orazio has experience litigating, among other things, commercial, general civil, employment, land use and personal injury matters in New York State and federal courts. Giovanna also has experience litigating Article 78 proceedings in New York State court.
Out off office – memo on office workplace. Holiday Announcement, Day Off or Quarantine Covid-19.
The last couple of years have seen an increased focus on sick time at work mainly due to the COVID pandemic. But it’s also regular old cold and flu season, and we are often asked whether an employee can lose their job for being out sick and whether providing a doctor’s note will protect their job. As always, the answer is “it depends” because not all illnesses are protected.
New York does have a relatively new law requiring employers to provide some protected sick days. But, in general, if you need to be out for a significant period of time – or if you have exceeded those days – a doctor’s note is not necessarily going to protect you. The law protects the jobs of private employees in New York who are absent for medical reasons typically in two ways: (1) under the FMLA (Family and Medical Leave Act); and (2) under the disability discrimination laws like the Americans with Disabilities Act (ADA) and the New York State Human Rights Law (NYHRL). (This isn’t an exhaustive list and employees may be further protected under union contracts or laws applicable to public employees, among other things).
Not all illnesses, however, will be covered. The FMLA applies only to employees of larger (50+ employees) or public employers, who suffer from serious health conditions. A serious health condition is usually not something like the flu, a cold or a stomach virus. It is typically an issue requiring surgery or hospitalization or a medical condition that requires a period of follow-up treatment or that is chronic. The disability discrimination laws also may not apply to minor illnesses suffered by most individuals. Instead, the ADA requires that a disability substantially limit a major life activity or bodily function. The NYHRL is more broad than the ADA and, it is possible, given the particular facts of a case, that a disability not covered by the ADA is covered by the NYHRL. This will come down to the particular facts of an employee’s situation.
The take-away is that providing a doctor’s note is not necessarily going to protect your job. It may not hurt and could show your employer some proof that you are not abusing your time, but it won’t guarantee that you won’t be fired for excessive absenteeism. We encourage employees who do have a serious health condition to speak to their doctors or Human Resources about the availability of FMLA time. When it comes to disabilities, the law also typically wants the employee to actually ask for a reasonable accommodation, so making a formal request is another way to achieve some job protection or at least trigger the employer’s obligations to engage in an interactive process under the ADA and NYHRL to attempt to accommodate a disability.
In the same vein, we speak to many employees in the course of our practice, and often they are protective of their medical conditions and do not want to share personal, private and sometimes embarrassing information with their employers. However, if an employer is completely in the dark, you may have a hard time going back and proving some sort of discrimination or interference with your rights if you are fired. So, if an employee needs time off for a disability or serious health condition, we encourage them to consult their employee handbook and consider following the process for formally requesting leave. There is no guarantee that you will not be retaliated or discriminated against, but at the very least you will have some proof that you were not abusing your time or being excessively absent without a potentially protected reason. Ideally, your employer will do the right thing and notify you of your rights and work with you to accommodate your situation.
All employment situations are different and depend on the particular facts and circumstances. This article should not be relied on as legal advice in taking action in your specific situation, and you should speak to an attorney, Human Resources and/or consult your employee handbook for guidance on how to proceed.
ABOUT THE AUTHOR
Giovanna A. D’Orazio has experience litigating, among other things, commercial, general civil, employment, land use and personal injury matters in New York State and federal courts. Giovanna also has experience litigating Article 78 proceedings in New York State court.
