Legal Question in Employment Law in New Jersey

disability

can a person receiving disability benefits in the state of new jersey be terminated from his job


Asked on 9/25/08, 9:24 pm

1 Answer from Attorneys

Fred Shahrooz Scampato Law Office of Fred Shahrooz Scampato

Re: disability

Generally speaking, it depends on what motivated the employer. If the termination was based on a business decision to have a reduction in force and had nothing to do with the disability, then the employer can, under certain circumstances, terminate the employee. However, if the employer was motivated to fire the disabled worker because the employer was motivated by discrimination or prejudice against the worker for having a disability, then the action to terminate the employee may be unlawful under NJ anti-discrimination law.

This is a link to the NJ Division on Civil Rights website which provides an explanation of the state's anti-discrimination statute:

http://www.state.nj.us/lps/dcr/law.html

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Answered on 9/26/08, 9:07 am


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