New Jersey  |  Disability Law

Legal Question

Asked on: 9/03/08, 9:08 am

fired on disability

I see you can be fired while on disability. the employer needs to hold no job no longer than 12 weeks if you worked a yr or 1250 hours or something like that. I just started this job May 12, I work as a cook in a school w/ an outside food service co. I left May 30 to have back surgery. SO i only missed like 10 days which was no problem(then they were closed for summer) and now I have missed 1 day of the new school year. All my phone msgs 6-10, 8-22, and email msgs 8-29 to inform them I won't be ready to return to work have gone unanswered. I see I don't fall into the 1 year employment catagory. But don't they still have to contact me to tell me I'm fired? Should I formally resign? Or should I just consider myself fired and move on?

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