Legal Question in Disability Law in New Jersey

Re: Employee on Disability

Under New Jersey State law, unless a person is protected by a union or some specific employment contract, you can fire them for any or no reason at all as long as it is not for discrimination reasons. If you can honestly show that you had to lay her off due to a downturn in your business, and not because she was pregnant, then you can be protected from a claim of discrimination. You say that she is on temporary disability, but you don't say from what source. If this is a private disability plan program, then make sure you consult with the insurance company before you take any action to fire this employee to make sure that they aren't going to cut off her disability. If it is through the state, make sure to contact the state department of labor about this before you take any action to fire her to make sure she will continue to receive her temporary state disability payments.