Legal Question in Employment Law in New Jersey

My difficult situation...

I have been an auto tech at dealerships for 14 yrs. I now have back, hip, and arm problems that have prevented me from properly performing my duties. My employer is well aware of this. In May I asked for a transfer to the Parts dept. and was granted this on a temp basis Sept. 9th although they said it could be permanent. I found out later that day that this was to fill in for the shorthanded staff since they just fired the manager. On Sept. 17th I was given an agreement to sign stating that this position could end at any time and I may have to go back to the shop or it may be permanent. I was told to sign it or I would not be paid for the week. They left no space for a date since they gave it to me a week after they verbalized their ideas. I added the date. Now...my dilema: This past Friday I was called in and told that I am doing a great job but my position in parts no longer exists after Oct. 4th and I am to return to the shop or leave (they are stating that I would be quitting). I cannot physically perform my duties as a technician and the management is well aware of this fact. Please...what are my rights here? I feel as though I am being forced out. Thank you.


Asked on 10/01/08, 3:36 pm

1 Answer from Attorneys
Jennifer Weil Jennifer N. Weil, Esq.

Re: My difficult situation...

You don't state whether you have on-the-job injuries. If so, you may be entitled to workers compensation - see: http://lwd.dol.state.nj.us/labor/wc/workers/workers_index.html

If you have injuries that are not job-related, see:

http://lwd.dol.state.nj.us/labor/tdi/tdiindex.html

Under certain circumstances, you might be covered under the Americans with Disabilities Act. See:

http://www.eeoc.gov/types/ada.html

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Answered on 10/01/08, 4:01 pm


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