Legal Question in Employment Law in New Jersey

Re: Laid off while on disability

Not automatically. If you can prove that your employer was motivated by disability discrimination to terminate your employment, then you can bring a lawsuit. However, if your employer was going to lay you off regardless as to whether you were disabled or not, then you probably do not have a case. For example, if there are company wide layoffs due to the economic crisis and even if you were healthy, you would be laid off, then your employer could probably assert that the reason for firing you was a legitimate business reason. On the other hand, if the facts suggest that your employer was prejudiced against you for being disabled, then you may be able to bring a lawsuit against them. I suggest that you consult with a NJ employment lawyer to learn more about your rights and to provide you with any options that you have available to you.