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Fired in New Jersey

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L

Lee123

Guest
What is the name of your state? New Jersey

I live in New Jersey and was employed by the same company for 8 1/2 yrs. I have suffered from severe depression for the last 10 yrs. I was taken out of work on disabilty in Aug by my doctor due to recurring anxiety and depression and having to change my medication. I was due to return to work on Nov. 1st. I received a letter from work dated 10/22 stating that they tried to hold my position until 11/1 but have been unable to do so and had no alternative but to terminate my employment. Is it legal in the state of NJ for them to terminate me while on disability? I can't afford to lose my health benefits right now.
 


cbg

I'm a Northern Girl
Contrary to popular belief, there is NO state that makes it out and out illegal to terminate someone while they are on disability leave. Nor does Federal law make any such demands on the employer. The ADA says only that they cannot be treated differently than other employees, selected for layoff, or otherwise adversely treated BECAUSE OF a disability that qualifies under the statute - by no means all disability leaves are covered under the ADA. The ADA does not EVER require an employer to hold a job open indefinitely.

Under Federal law, a qualifying employee must be given up to 12 weeks of unpaid leave for medical reasons. If you have been out since August 1 you have had that. Barring a state law extending that (and while my source material is not handy I do not believe NJ has one) at the end of the 12 weeks if you are not able to return to work it is perfectly legal for them to terminate your employment.

If the company had over 20 employees then you MUST be offered COBRA to keep your health insurance in place. They have either 14 or 44 days (depending on who administers the plan) to send you the information.
 

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