Legal Question in Employment Law in New Jersey
Hello! My daughter is a social worker. Yesterday she was fired while she was on a medical leave (her employer filled out employer's page of the State Disability Application and sent it to my daughter, but in a few days this employer have sent her a certified letter which says that in spite my daughter has faxed them her MD letters about her health condition and dates allowing her to stay home, it's still not enough for an employer since my daughter's diagnosis has not been provided to the employer by my daughter, not her MD(s).
Questions:
1. Are there any restrictions in time frame for my daughter in order to find an attorney and to open a law case against this company ? In other words, my daughter is afraid to miss any possible deadlines in opening law case against this company.
2. This employer has not just above mentioned problem, but many others as well: sexual harassment, regular delay in paying salary to all employees, and so on.
Is it possible to find an attorney for this case based on contingency, since this is the only opportunity for her?
3. After my daughter's employer has fired her while she was really sick, she does not want to return back to the same place. However she would like to get a financial compensation. Should she apply to the State department of labor ?
Thank you!
1 Answer from Attorneys
She may want to consider a FMLA claim and a possible ADA claim; however, she should speak with an employment law attorney ASAP.