Legal Question in Employment Law in New Jersey
I was laid off from my job last Aug. when I told them I needed surgery and had to schedule it. I have 2 tears in my right rotator cuff. Do I have any legal recourse?
1 Answer from Attorneys
If your job loss was neutral, meaning, it was planned prior to you telling them that you had a medical issue, then it looks like you may not have a legal recourse. If your medical condition was the result of an on the job injury, then you have a Workers' Comp. claim. Finally, if the medical condition was something that you are being treated for prior to the lay off, you should still be covered by your insurance. If all of the above is not applicable to your situation, then you may have a case of wrongful termination because of a perceived disability; however, before you come to any final conclusion, gather your facts and meet with an employment law attorney to discuss your situation ASAP because you are running out of time for a legal remedy. Best wishes.