Legal Question in Medical Leave in New Jersey

FMLA/ Workman's comp/disability

My wife had an on the job injury requiring surgery. She was out on workman's comp for a few months. Was told to fill out FMLA. Just recently, she called out sick (unrelated to her work injury) and was called at home by her employer to tell her she could not return to work unless she gets a psychiatrist to evaluate her ability to return--this after also being mandated to see a counselor from the company's EAP (Employee Assistance Program). She received an email from HR stating that she had used up all by two days of her ''FMLA'' time and that if she not return by Feb 2, 2009, she would be terminated.

She never had any behavioral or work performance issue, as she is one of the top employees in her department.

They're trying to paint a picture that she has some type of mental disability just to fire her.

Real issue here is that she is very maticulous, pays very close attention to detail and constantly catches issues regarding violations of organizational rules, policies and even some state laws.

We have strong reason to believe (and loads of documentation) that the root of it all stems from her being a concientious employee just doing her duty to keep things in compliance.

What course of action can she take?

1 Answer from Attorneys

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