Swedesboro, NJ asked in Employment Law for New Jersey

Q: I was fired 8 days after returning from a fmla leave, Is this a violation of americans with disabilities act?

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1 Lawyer Answer
Jake Causing Santos
Jake Causing Santos
  • Mount Olive, NJ
  • Licensed in New Jersey

A: Generally, if you were fired for a reason that had nothing to do with you taking leave and had nothing to do with your medical conditions, then this is not a violation of the ADA. Whether ADA even applies though can depend on the size of your employer.

NJ is an employment-at-will state, which means that you can be fired for any reason or no reason, as long as it does not violate discrimination laws, whistleblower laws, a union's collective bargaining agreement, or an individual employment contract. This information is general in nature and it is not a substitute for advice from an attorney that has had an opportunity to review all the facts of your case. You can also contact the NJ Division of Civil Rights ("NJ DCR")about filing a complaint but filing a complaint does not mean that the the NJ DCR will pursue an action against your former employer.

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