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Home  >  Articles  >  Wrongful Termination during Disability Leave

Wrongful Termination during Disability Leave

When you are injured or become ill on the job, it can have a profound effect on your life and the lives of your family members. Not only are you currently dealing with the recovery of your injury, but also trying to continue supporting your family physically, emotionally and financially. Unfortunately, some people have met with yet another complication during this time: termination of their jobs.

Fortunately, New Jersey law protects employees from this. However, in order to obtain financial compensation from this act in a court of law, you must prove that you were fired strictly because of your disability. If you believe you were wrongfully terminated, contact the New Jersey workers’ compensation attorneys of Levinson Axelrod, P.A. at 800-346-5529 today.

Your Legal Rights

The New Jersey Department of Labor and Workforce Development has put forth the following guidelines to help clarify wrongful termination during workers’ compensation/disability leave:

  • An employer is prohibited from terminating an employee in retaliation for filing a workers’ comp claim or testifying at a hearing of a similar subject.
  • You have a right to file a discrimination complaint if you believe you were terminated on the grounds of disability or injury.
  • If you can still perform the functions of your job, the law provides the restoration of that job and any lost wages as a result.
  • If you believe that your termination was based on your disabling condition, you also may be able to file a claim as a violation of the Americans with Disabilities Act.

Employers that attempt to demonstrate this kind of discrimination should be held accountable for their actions in a court of law. By working with an experienced attorney, you can increase your chances of gaining the financial compensation to which are you are entitled.

Contact Us

To learn more about wrongful termination and workers’ compensation claims, contact the New Jersey workers’ compensation lawyers of Levinson Axelrod, P.A. at 800-346-5529 today.