Appellate Practice Attorney serving New York, NY
You may have a valid claim against your former employer, but you may also have limitations problems, and there could be other defenses. For example, did you have a written employment contract? If so, it may explicitly say that where it conflicts with the handbook, it controls.
You should also be aware that, to the extent that any other party (medicare, medicaid, private insurance) has paid any monies due to your disability, that party may be subrogated to your claims against your former employer, meaning that that party may have a lien against any recovery to the extent that it has paid out, and may be entitled to be repaid "off the top."
Answered on May 30th, 2014 at 12:02 PM