Legal Question in Employment Law in New Jersey

Fired after being hurt on the job

My question is when an employee was hurt during work (at my desk to be exact) and was demoted to a lower position to accommodate me with any doctor visits and/or therapy, can my employer fire me because I am limited as to what I can and can not do? He also stated that I was taking too much time off! I have in writing from my HR that they put me in this position for more flexibility! I was let go from my job this afternoon!! Thank you!


Asked on 9/18/08, 5:03 pm

1 Answer from Attorneys
Jennifer Weil Jennifer N. Weil, Esq.

Re: Fired after being hurt on the job

If this was a job-related injury, your employer should have reported it to their workers' comp carrier. It is illegal in NJ to fire someone just because they claimed or tried to claim workers' comp. If you were truly unable to do your job, you may be fired legally.

But, there may be FMLA or ADA issues, depending, in part, on whether you requested leave under the FMLA to have more time for doctor visits and therapy. An ADA issue would depend on whether you were disabled and still able to perform the essential functions of your job.

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Answered on 9/18/08, 5:36 pm


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