Fired for Being Sick? What Should You Do?

Imagine the following scenario: after a number of years of being a loyal, hardworking employee, you discover you must take short-term leave from work to have necessary surgery. You tell your boss and he approves your leave. However, during you recovery, you find out your services are no longer needed. You are being replaced.

It’s understandable that the mere thought of such a scenario feels stressful. However, you are protected by New Jersey’s employment and discrimination laws. These laws protect workers from being fired while on medical leave or due to a medical reason. Here’s what every employee needs to know.

  • Federal laws make it illegal to discriminate against a current employee based on medical issues.
  • The NJ Family Leave Act gives up to 12 weeks of leave in a two year period for most employees that are facing medical hardship, a new family member, or similar life-changing events.
  • If you have been laid off during medical leave, it is your right to be able to return to work to a similar job. In some cases, placement may be the responsibility of the company.
  •  Failure for companies to adhere to the NJ Family Leave Act is viewed as a civil rights offense.
  • You might be entitled to Workers’ Compensation.

In other words, there is a very good chance that you have a court case on your hands if you were let go due to a sickness, or due to the fact that you took a break from work to address your own health. These laws are complex and require explanation and guidance from an experienced lawyer who can protect your rights.

Posternock Apell, PC fights for clients in Moorestown, Maple Shade and the surrounding communities who have been discriminated against in the workplace. Contact us today for a consultation about your case.