Legal Question in Employment Law in New Jersey

Is it legal in the state of NJ to terminate an employee because they did not get FMLA (Family Medical Leave Act) paperwork in on time?

My husband took time off over the past year for medical conditions, did not get paid, and did not get fired. They eventually gave him FMLA paperwork to protect his job. By the time he was well enough to get to the doctor to have the paperwork filled out and mailed it out, it was just due. So when he was terminated his FMLA paperwork was already in the mail, but the company did not care and fired him. He was also denied unemployment benefits due the reason he was terminated.

From what I've read, firing over FMLA matters is unlawful and wrong termination. Thinking of sueing but unsure if what I'm thinking is accurate or not.


Asked on 3/24/11, 12:45 pm

1 Answer from Attorneys

Barry Gartenberg Barry F. Gartenberg LLC

Thank you for your LawGuru question. The rule of employment in NJ is: At-Will. That means, as a general rule, an employee may be fired at any time for any reason or no reason. However, there are exceptions. The FMLA does not guarantee continued employment in every case, but terminating an employee in retaliation for exercising rights afforded under the FMLA may be illegal. Denial of unemployment compensation benefits is a separate issue entirely, but may indicate that there was a "legal" basis for the termination, We'd need to discuss the matter in detail. Please contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

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Answered on 3/25/11, 11:04 am


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