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I live in nj i am out on ada my job keeps accommadateing me i will be haveing surgery i feel they are going to terminate me.

Toms River, NJ |

when i tell them this and stop my health care before my surgery what do i do. is this wrongful termination i think so.

Attorney Answers 2

Posted

The below response is for informational purposes only and is not meant to be legal advise regarding your specific situation. If you are covered under the FMLA then your employer would have to give you leave of up to 12 weeks in one year to deal with your medical needs. However, depending on the circumstances of his employment and medical condition, an extended medical leave of absence can be considered a reasonable accommodation under the New Jersey law Against Discrimination and the employer’s failure to provide the leave may be a violation of the statute.

Again, more facts are needed to better evaluate your situation. Feel free to give me a call for a free consultation.

Arykah A. Trabosh, Esquire.
Employment Attorney
a.trabosh@schorrlaw.com
Office: 856.874.9090

You should consult an attorney for individual advice regarding your own situation. The use of this website for communications with Arykah A. Trabosh, Esquire, will not establish an attorney-client relationship.

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Posted

Your post does not provide enough details such as what type of leave you are on (FMLA, short term disability, ADA etc...), how long you have been on leave, whether you are in fact on leave pursuant to the ADA and what the leave entails. See a local employment attorney for specific advice. Good luck.

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