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comp affected by medical issue - do i have a case? New York

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  • comp affected by medical issue - do i have a case? New York

    I'm not really sure if I have a case here and needs guidance from either a lawyer or someone familiar with employment law in NY. I work for a financial firm and while bonus was definitely affected this year due to the mortgage crisis, I think I was discriminated due to an illness. There are several components to the issue.
    I resigned from my company during the beginning of the year and was countered to stay, which I did because the only other person who performs the same duties as I do was on maternity leave. My manager then had orally promised to take care of me during year end bonus and put me up for promotion. The counteroffer was in good faith that she liked me. She has left the position midyear and I was given a stellar performance review during midyear by current manager. I suffered depression during in the late summer and had advised my manager that I was seeing a therapist since day one. Since then, she checks on me regularly to see if I was doing okay and I had responded that work helps to keep things out of my mind so I was happy to be there.
    I worked on several big projects and believe I was doing a fine job and was never provided with bad feedbacks. During the year end review, I received a below satisfactory reviews for the full year because I didn't perform well during the second half. I contested my review and spoke to HR and it was changed to satisfactory. I got my bonus talk a week after the review and was told that I would not be promoted and since my comp was adjusted midyear, I would not be given a raise and receive the bare minimum for bonus. I think I got the least out of everyone in my group and probably the entire floor.
    Personally, I felt discriminated against for the medical illness I went through and I was under a lot of medication. Also, the review was based on one project that I didn't performed as well as expected.
    Do I have a case here?
    I also developed carpal tunnel during the second half of the year and did advise them of the issue. There was a lot of changes with management throughout the year and I worked with several different managers so I'm not sure if I was fully reviewed for the full year. Also, my group hired two new employees in the middle of the year who have higher title than I do, but I was the one to train them on their jobs. Our group has expanded so much that there's very little work to do. I think they are using this to weed me out of my position as I was the easiest one to get rid of.
    I've been with the company for almost 5 years and have always performed very well. I had never had a problem with raise and bonus since I started. Now that the manager who has promised those things is no longer with the firm, they probably feel they don't have the obligations to fulfill those promises.

  • #2
    I'm not seeing a cause and effect connection between your illness and the review. If the review was based on one project where you did not do as well, why WOULDN'T the review reflect that?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      I understand your point and that's why I'm contemplating. The bad review was based upon one project out of the many that I've done. Also, this is supposed to be a Full Year review and not based on one project.

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      • #4
        Legally, they can base it on anything they want. They are not required to provide reviews at all.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          so you don't think I have a cause of action here?

          Also, did I mention that I believe my position will not be replaced if I resign? I'm trying to sue on the ground that performance, which is directly correlated to compensation was hurt due to a medical illness.

          Btw, I'm resigning from the position whether or not there's a cause of action here. I'm just trying to figure out if I have a chance.
          Last edited by nyc_chick; 12-16-2007, 03:09 PM.

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          • #6
            If your performance was hurt/not as good as previously, even though it was due to a medical reason, they can still "rate" you down.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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            • #7
              I don't know if you have a cause of action or not. What I can tell you is that based on what you have posted, there is no clear cause of action.

              The fact that you think they will not replace you if you resign, hurts rather than helps any case you may try to bring, since it indicates that it is not your illness, but overstaffing, that directs their actions.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

              Comment

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