Legal Question in Employment Law in New Jersey

I was injured on my job, and upon reporting it to my employer, I told them that I needed to take some time off (without pay) to see my doctor, who referred me to an orthopedist. I was told that my back was seriously injured and that I should not be doing the physical type of work that I was doing. I had a physical job previous to this employer, and had no problems. My supervisor told me to "keep him posted" nad what was happening, and when I told him of what my doctor said, he told me I was "terminated". When I aksed why, he said that the 2 weeks I was out seeking treatment consituted "abandoning the job", though I had called and left him messages daily.

As a result, he told me he would also block my ability to secure unemployment benefits, which he has.

My question is, though, that since the Human Resources Department (which would not return any of my calls), sent me a COBRA benefits application, how could I have "abandoned the job"? Is "abandoning the job" a triggering event for COBRA benefits under the ERISA laws? If it is not, then how could they say that I "abandoned" the job and offer be COBRA at the same time?


Asked on 5/14/10, 6:51 pm

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

I assume you are a NJ employee. (1) Your employer should have had you contact the company's workers compensation carrier to pay for your medical costs and to pay for time out of work. You can still hire a workers compensation attorney to bring an action for you against your employer for your physical workplace injury. (2) Your employer may have violated the Federal Family Medical Leave Act (FMLA) by firing you while you were on an unpaid medical leave. (3) You may have a civil cause of action against your employer for a violation of anti-retaliation clause of the NJ Worker's Compensation Act. (4) You may have a civil cause of action for violation of the NJ Law Against Discrimination (LAD) for discriminating against you for sustaining a disability. I suggest that you speak to an employment law attorney to discuss your case more fully.

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Answered on 5/19/10, 7:56 pm
Daniel Cevallos Cevallos & Wong, LLP

There are a lot of issues here. You probably have a number of causes of action, including the NJ Worker's Compensation claim. Feel free to call our offices: 267.639.3105.

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Answered on 5/20/10, 6:06 am


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