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  1. #1
    Join Date
    Mar 2010
    Posts
    2

    Default Terminated During Recovery from a Heart Attack

    My question involves labor and employment law for the state of: NY

    I had a heart attack on 10/12/09, my employer gave me my last check from them on 10/16, that consisted of all my vacation time and what hours i had coming.

    My employer then sent me a package that contained the Insurance papers that i had to fill out, which i did. My employer also asked to keep them informed of my recovery, which i did.

    I gave them an update on 12/16/09 from my doctor that i was going to be re-evaluated in four weeks (Mid January 2010). I then received a letter from my employer that they wanted back to work on January 4, 2010, with a letter from my doctor that i was able to work with no restrictions. I told my employer that i had an appointment on 01/07/10, and my doctor would release me then.

    To make a long story short, i received a certified letter from my employer on 01/05/10, informing me that due to me being out, that the building that i worked at was suffering, i was being replaced and that i was to consider this letter my termination of employment.

    I don't know the laws, i don't know what to do. I thought that employers had to give you at least 12 weeks to recover from injury. To make matters worst, my employer sent the last update from my doctor (12/16/09) to NYS DOL and now my UI is being contested by my employer.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,237

    Default Re: Do I Have a Case

    12 weeks from 10/12 is 1/4. While the employer could give you another three days if they chose to, they are not legally required to. Particularly not if they are having business difficulties and are having to reduce staff anyway.

  3. #3
    Join Date
    Mar 2010
    Posts
    2

    Default Re: Do I Have a Case

    What about the UI, I was receiving benefits for a month before they stopped. I received a letter from the DOL stating that it came to their attention that i was unable to work (the update from the doctor that said at that time i was unable). I was cleared from my doctor on 01/07/10 and claimed on 01/08/10. I faxed back the letter for my doctor to sign, indicating that i was able to work. I have not heard anything from them (DOL). It has been six weeks.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,237

    Default Re: Do I Have a Case

    That's a separate issue. But you need to remember that in most if not all states, the UI commissions are receiving record claims at the same time that they're having to lay off staff and/or put them on furlough. So they have more work and fewer staff. It's taking longer to process things.

    All you can do is keep checking back with them.

    I don't know about NY, but in MA we have walk-in centers where we can go to get questions answered in person, and it often takes less time than trying to get through on the phone. It still may require a 2 hour wait if you time it wrong, but that's better than the 6+ hours it can take on the phone.

    If NY has such things, you might try going down there and see if someone can give you some information.

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