Legal Question in Employment Law in New Jersey

I was with a company for over 4 years. In Janurary of this year I was hurt on the job and was out on workers comp for over a month.During that time my employer sent me a letter stating that my status has changed from full time to part time, this included taking away my benefits. Having no other choice I agreed with it. Now to the real problem. July 28th I was ill and called in sick, which I still had sick days to use. That evening I went to the emergency room so I called in sick on the 29th as well.

The afternoon of the 29th I received a phone call from one of the owners of the company saying that my services were no longer needed there. When I asked why I was told that they were going out source most of the orders that came in. Keep in mind I was the shipping & Recieving person there, the only shipping & recieving person there.

This is a small company of 8 employees, minus 1 now. I went in on the 30th to collect my personal items and was handed my paycheck for that week. I still have 9 vacation days due to me, which I was told would be sent out the following week. Was I wrongfully terminated and should they have all pay due to me at time of termination? What action, if any can I take. I feel I was unjustly terminated. Oh, and by the way, When I was hurt on the job in Janurary, it was an injury to my back, which hasn't been the same since.

Thank you for your time.

Alan.


Asked on 8/01/09, 9:33 am

1 Answer from Attorneys
Randall Brett Law Office of Randall P. Brett

You raise several issues in your posting. The first - and probably most crucial - concerns your Workers Compensation claim. You don't say whether your medical bills were covered and whether you signed a release for all future claims and expenses for your workplace injury. Were you represented by an attorney in your WC claim? If so, you should immediately contact the attorney to explore all of your legal rights. If you were not represented in the WC matter, you should talk to an attorney now as there are time limits for filing WC claims.

Regarding the termination, in New Jersey your employment is "at will", which means either you or your employer can terminate the employment for any reason at any time - as long as the employer does not terminate you for a reason prohibited under Federal and/or New Jersey laws against discrimination. However, an employer cannot terminate you in retaliation for filing a Workers Compensation claim. In addition, your employer must pay you all monies due, including accrued but unused vacation, by the next regularly scheduled pay date.

You should discuss the specific facts of your situation with an attorney in order to determine if your termination appears to be retaliatory. Feel free to call my office if you would like to schedule an appointment to discuss your situation.

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Answered on 8/06/09, 10:01 am


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