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 seizure at work and then disclosed her epilepsy to the company’s president at the time, Anthony Cerreta. In or around 2017, the defendant’s West Chester, New York location began operating fully remotely, and Cabrera began working from home. Around the beginning of 2018, she allegedly experienced additional seizures and related symptoms and was later diagnosed with generalized anxiety disorder and major depressive disorder.
In or around May 2018, Cabrera disclosed these disabilities and symptoms to Chief Financial Officer Benjamin Schuler and accountant Martin Mika. The complaint says they seemed annoyed by the disclosures and that her disability-related symptoms, including heightened anxiousness and more frequent seizures, continued in the following years.
On or around June 23, 2022, Cabrera requested from Schuler and Mika a continuous medical leave from around July 2022 to early September 2022 so she could receive treatment, rest and manage her symptoms. The lawsuit says the request was approved and notes that it was also protected by New York’s sick leave law. After her leave began, however, Schuler allegedly contacted her frequently with demands to work or train temporary replacements. Cabrera claims she ended up performing work for the company on approximately fifty percent or more of the working days on which she was supposed to be on leave.
She returned to work on a full-time basis on or around September 5, 2022. During her leave, a new employee, Lucie Novakova, joined the company. Schuler allegedly told Cabrera that Novakova had been hired to assist her. According to the complaint, Novakova then began asking Cabrera numerous questions about her sleep, and Cabrera concluded that coworkers and managers were talking about her disability and related symptoms.
In or around July 2023, Cabrera suffered another seizure at work, according to the filing. She allegedly fell to the ground, slammed her face, broke her nose and then requested the rest of the day off. Schuler and Mika approved this request, the complaint says.
By early September 2023, Cabrera had visited epilepsy specialists who recommended a weeklong medical observation. She requested a week of leave for this purpose, which the lawsuit says Schuler and Mika approved for around September 11 to September 16, 2023. At the end of the observation, her doctors allegedly determined she required surgery to implant a Vagus Nerve Stimulator.
The filing states that Cabrera informed the company of the recommended surgery and asked Schuler for an approximately one-week medical leave to undergo the procedure and recuperate. Schuler allegedly denied the request, asserting there was work he felt should be completed. Cabrera claims she tried to engage in an interactive dialogue and even offered to move the surgery but that Schuler again denied her request and refused to consider alternatives.
Shortly thereafter, Cabrera requested a brief medical leave from on or around November 30, 2023, to on or around December 4, 2023. According to the lawsuit, Schuler approved this request. Cabrera alleges she underwent surgery for her epilepsy on or around November 30, 2023, took that day and the following day off and returned to work on the next business day, around December 4, 2023. She says that, because of the company’s earlier denial, she had to delay the surgery and forgo most of the recovery period recommended by her doctors.
After she returned, Schuler and Mika’s “discriminatory animus” clearly deepened, the complaint alleges. Cabrera says they often refused to answer her questions and excluded her from important meetings that shared information she needed to perform her job. She claims that for the rest of her employment she raised concerns with Schuler, Mika and the company’s Human Resources department, stating she felt she was being treated unfairly because of her disabilities and because she requested and used accommodations.
The filing says HR and management repeatedly told her they could not help and directed her to different departments, creating what Cabrera describes as an intentional “runaround” that lasted for around four months. She also alleges that when she requested occasional days off for disability-related flare-ups, Schuler and Mika told her she would have to work several hours on those days instead of taking full days off.
The dispute, according to the lawsuit, culminated in April 2024. On or around April 18, Cabrera attempted to fix her broken company phone. When those efforts failed, she allegedly traded in the phone and purchased the most similar replacement model for about $400. The filing states that this was in keeping with instructions she had received about the company’s policy during her nearly 20-year tenure.
On or around April 25, 2024, Human Resources specialist Lisa Debrum and Schuler told Cabrera she was being terminated for not obtaining approval for the phone purchase, the lawsuit says. Cabrera claims these accusations were not accurate, that she had not done anything wrong and that she was not offered progressive discipline, which she alleges is routinely used for other employees. She also asserts she was replaced by a nondisabled individual.
Beyond the discrimination and retaliation allegations, Cabrera raises wage claims. The complaint states that from in or around late June 2022 to early December 2022 she took a continuous medical leave but that the company insisted she complete several duties during this time and did not pay her for this work. She argues she is owed unpaid wages for those days.
The lawsuit asserts claims for failure to accommodate and disability discrimination under the Americans with Disabilities Act, retaliation under the ADA, retaliation under New York whistleblower and labor laws and failure to pay wages under New York labor statutes. Cabrera seeks lost compensation and benefits, damages for diminished earning capacity and injury to reputation, other monetary and compensatory damages, punitive damages, unpaid wages, attorneys’ fees, interest, costs and reinstatement with full seniority and benefits.
According to the filing, Cabrera submitted a Charge of Discrimination to the New York State Division of Human Rights on or around October 1, 2024. The agency dismissed her charge on or around July 7, 2025, allowing her to pursue her claims in court. She then obtained a Right to Sue notice from the Equal Employment Opportunity Commission on or around September 30, 2025, which she received on or around October 6, 2025.
No court has made any findings on the merits of the case.
