Legal Question in Employment Law in New Jersey

employee rights when terminated

i was terminated after missing work for two weeks. I was in the hospital for four of those days. My doctor supplied a letter staing i hd been under his care for that time period and was not able to return to work at this time. i still needed a week more off.I just received a letter from company terminating me. Do they have the lgal rite to do this.


Asked on 9/06/04, 12:06 pm

1 Answer from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: employee rights when terminated

You do not indicate that you have a written employment agreement, so I will assume that you do not. In general, an employer is permitted to discharge an employee for not attending work. In this particular case, the reason you could not attend work was due to an illness.

You indicate you received a termination letter from your employer, but do not indicate whether the employer stated that the reason for the termination was related to your missing work due to your illness.

You also do not indicate any details concerning your employment, the nature of your illness, etc. You may or may not be entitled to legal protection pursuant to statutes such as the Americans with Disabilities Act; Family and Medical Leave Act; etc.

I strongly suggest you consult with an attorney at your earliest convenience so that you can determine what your legal rights may be.

If you wish to discuss retaining my services, please contact me at: [email protected] or [email protected].

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Answered on 9/07/04, 2:02 pm


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