Legal Question in Medical Leave in New Jersey

Can a person be terminated while on disability in the State of New Jersey?

Asked on 9/18/09, 7:51 pm

2 Answers from Attorneys

Locksley Wade Law Office of Locksley O. Wade

The short answer is yes, in the State of NJ you can be lawfully terminated from employment while on disability. On the other hand, each situation may be unique and it may preclude employment termination.

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Answered on 9/24/09, 8:23 am

Daniel Silverman Alan H. Schorr & Associates

I concur with the previous answer. I'll add a few comments because I noticed that you listed this question in the FMLA section. You cannot be fired because you applied for protected medical leave (such as FMLA) and you cannot be fired solely because of your disability. However, if you were out for an extended time and the motivation was purely economical, the employer may not have acted unlawfully. You should speak with an attorney to determine what protections are applicable. At a minimum, you should stay on disability as long as your doctor deems necessary and then file for unemployment. You cannot collect both at the same time.

If you would like to discuss further, I can be reached at 856-874-9090.

Good luck, Dan

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Answered on 9/24/09, 8:44 am

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