More details to this question:
My 20-year-old son who has Autistic Spectrum Disorder, was just fired by McDonald's in Whitestone after only 2 weeks, and they stated he did not fit in. The 2 weeks was supposed to be a training period; However, instead of training him and working with him to improve his skills, they placed in the drive through serving drinks and ice cream. He did not receive any feedback from them in the 2 weeks he was there and was terminated without any notice. We believe he was set up to fail as they believe that someone with a disability should not be working there, upon termination, the store manager attempted to swindle him out of his paycheck, stating that it would be mailed. Once my wife got involved, they told him to come and get his check, That gives us reasons to believe that they were trying to take advantage of him and his disability.
1 ANSWER
Hi Barry,
New York has very favorable anti-discrimination and hostile work environment laws. You need to start with a consultation, or rather your son does. He's an adult, so if he doesn't want to pursue it, you cannot force it. Likewise, he will be the client and needs privileged conversations with counsel to be in the driver's seat.
The prevailing legal burden in NY for hostile work environment is to prove the the employee was treated differently than other similarly situated employees because of a protected classification. NYS law also has lower disability thresholds than the ADA and protects virtually every diagnosible medical conditino or impairment.
Answered on Mar 27th, 2023 at 5:47 AM
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