Legal Question in Employment Law in New Jersey

Wrongful Termination
My former employer recently terminated a friend who was out on disability since mid july due to a surgical proceedure. He was originally scheduled to return to work aug 27th, but that had to be postponed for a few weeks. the Employer said via e-mail that they needed to find a full time person for his position asap and that they would not hold his position any longer. This was after assuring him repeatedly during his absence (via e-mail, phone and personal visit) that all was ok and they were looking forward to him coming back. He asked about light duty again via e-mail and they told him that there was none available..which is not the case. Addidtionally the employer over the past years has refused to pay overtime while insiting that overtime hours are worked. I believe he was wrongfully terminated...does he have any case?

Asked on 8/23/02, 11:46 am

Evan Levow Lutz, Levow & Costello, P.A.

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Re: Wrongful Termination

Depending on whether your friend gave his original notice to take leave in the proper manner under the FMLA, he may have a good claim.

Please call my partner, Kevin Costello to discuss this. 888-777-0455.

Answered on 8/23/02, 12:50 pm

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