Legal Question in Employment Law in New Jersey
I severly injured my hand on june 13, 2009, The injury was unrelated to work. Long story short I have had 4 surgeries and my surgen filled out the paper work to sign me out of work till June 1st 2010. (providing this last surgery on Feb. 16, '10, worked). I filed all the paperwork with my job Months ago, and have been in contact with them through out this whole ordeal scince the very 1st day. Then just yesterday Feb. 16, 2010, I recieved a check in the mail from my employer for my sick and vacation time. I immedetly called them up, mind you I just walked in the door from my forth surgery on Feb 16. 2010, I asked them why did I get a check, that I havent requested any of my sick or vacation pay. They told me that I was terminated on Jan. 29, 2010. I recieved no notice or even a phone call. Regardless of that, Im signed out under the care of my surgen. They said I was terminated for failing to return to work from an L.O.A, is this legal? Im still on an L.O.A I just had surgery yesterday.
1 Answer from Attorneys
It depends on the facts of your injury--you may be entitled to recovery either on comp or from some other tortfeasor.