Can I be fired 3 days after handing in a "temporary full disability note" from my doctor?

On May 17th, 2011 I handed into my employer a note from my doctor placing me on temporary full disability. On May 19th. 2011 I received a work email with the following:

Jeremy
I am assuming at this point that you are able to get to your Hopewell precision emails. I will also mail to you by us mail..
At this time, due to the work load, I can no longer get by without a second person in quality control. We have demands being placed on us by our customers that just can’t wait. Given that your recent medical issue will keep you out of work for an extended time, I will have to move on and find someone else for the position.
We will make your last day of employment, last Friday , May 13th.
I will need your uniforms and your laptop returned.
Sanjita will forward the cobra forms to you. Should you need a letter of recommendation, please feel free to ask.
We wish you well and hope for your speedy recovery.
All the best
Rick


Is this legal?

1 answer  |  asked May 20, 2011 06:45 AM [EST]  |  applies to New York

Answers (1)

Jeanne M. Valentine
The Americans with Disabilities Act ("ADA") applies to employers with 15 or more employees. If your employer is covered by the ADA, then no - your employer may not terminate you because you're going out on temporary disability. You should contact a lawyer to discuss this with your employer as soon as possible to get you reinstated. If you choose to call my firm, please tell my staff that I asked you to call via this website. Good luck.

Jeannie Valentine
www.HudsonValleyEmploymentLaw.com
(845) 497-5010

posted by Jeanne M. Valentine  |  May 20, 2011 09:28 AM [EST]

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