Legal Question in Employment Law in New Jersey

I was in a car accident on Sep. 13th 2009 not job related. I have not been able to return to work due in NJ to injury. I have been with the company for almost 6 years. I kept them informed on my condition and told them I was to have surgery on Nov. 10th 2009 which is next week and will be back two weeks after. My supervisor told me don't worry take all the time you need your job will still be here when you get back.after I got an accidental text saying " I guess we are all on the same page regarding Steve ( Me ) we have to separate business from pleasure it will be hard to let him got I will tell him next week " I replied are you serious no answer i waited an hour and asked again. I got a reply saying obviously that text wasn't meant for you call the boss he will talk to you. I called and set up a meeting he told me it wasn't anything personal its business you are no longer an employee at this company.

Is it legal to fire someone who is out on disability in the state of NJ.

As well are the required to pay me weekly as part of being on disability


Asked on 11/05/09, 3:39 pm

2 Answers from Attorneys
Fred Shahrooz Scampato Law Office of Fred Shahrooz Scampato

Sounds to me that you were terminated wrongfully due to disability discrimination.

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Answered on 11/10/09, 3:47 pm
Daniel Silverman Alan H. Schorr & Associates

Respectfully I must disagree with the above opinion. More information would be needed before it could be determined if you have been discriminated against. How large is the employer? If they are large enough (50 employees typically) they must offer FMLA leave. Also, what type of work do you perform? Reasonable accommodations can include hiring a temp to fill in for a temporarily disabled employeed.

You may also need advice on filing for disability and/or unemployment.

You need to consult with an employment law attorney who can better advise you of your rights. Our office typically handles these types of cases. I can be reached at 856-874-9090; please ask for Dan.

Good luck.

DISCLAIMER:

I am NOT your attorney. The above is NOT legal advice and has been provided on an informational basis only. If you desire legal advice, consult an attorney.

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Answered on 11/10/09, 4:04 pm


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