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Gary Steven Graifman
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Gary Graifman’s Answers

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  • How does disability claim interact with unemployment insurance in New Jersey?

    My father has worked for a company for 41 years. He is a member of a labor union, and he notified the company about a month ago that he was going to out on disability because he was having carpal tunnel surgery. The carpal tunnel syndrome was li...

    Gary’s Answer

    If the termination grounds or hearing were raised subsequent to going out on disability, you may be able to assert a claim of retaliation as a violation of the FMLA or ADA. If your father is on long term disability, and not going back now, he may qualify for early retirement under the union pension plan's disability retirement benefits provision depending on how long he has been under the plan. Some plans allow for automatic vesting if retiring due to a disability, although the amounts are less than if you were to reture with full benefits.

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