Lawsuit details claims of denied surgery leave and unpaid work during medical absence
A New York accountant alleges her employer mishandled her epilepsy and medical leave, then terminated her after she sought surgery and disability-related time off.
In a lawsuit filed November 26, 2025, in the United States District Court for the Southern District of New York, Nidya Cabrera claims Swissbit NA, Inc. discriminated against her because of multiple health conditions, failed to accommodate her, retaliated when she requested and used medical leave and did not fully pay her for work performed while she was supposed to be off.
According to the filing, Cabrera began working for Swissbit on or around November 29, 2005, as an accountant and administrator in Port Chester, New York. The complaint says the company employed 15 or more people for at least 20 weeks in the relevant years and was therefore an employer under the Americans with Disabilities Act.
Cabrera alleges she has generalized epilepsy, juvenile myoclonic epilepsy, generalized anxiety disorder and major depressive disorder. She says these conditions substantially limit major life activities including walking, sleeping, concentrating and caring for herself, and affect neurological and brain functions. She also claims she was a qualified employee whose performance was satisfactory and that management often praised her work, including in annual performance reviews.
The lawsuit states that in or around 2011, Cabrera suffered a...
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