Losing your job due to a medical condition can be an overwhelming and confusing experience. You may be unsure of your legal rights, what steps you can take, and how to move forward. The good news is that laws are in place to protect you. Understanding your options is the first step toward finding the support you need.
What Laws Protect Employees with Medical Conditions?
If you lost your job because of a medical condition, it is essential to know the protections available under state and federal law. In New Jersey, several laws offer safeguards to employees facing discrimination or termination due to health issues.
The Americans with Disabilities Act (ADA) is a federal law designed to prevent discrimination against employees with disabilities. This law requires employers to provide reasonable accommodations to individuals with medical conditions unless doing so would create an undue hardship for the business. Reasonable accommodations might include modified work hours, job restructuring, or the option to work remotely. If your employer fails to provide these accommodations, you may have grounds for a claim under the ADA.
Another law that protects employees is the Family and Medical Leave Act (FMLA). This law allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for serious health conditions. In New Jersey, the New Jersey Family Leave Act (NJFLA) provides similar protections. If you were terminated while on medical leave or denied the leave you were entitled to, you may have a legal case.
When Does Termination Become Discrimination?
It is important to recognize when termination crosses the line into illegal discrimination. Employers are not allowed to fire or take adverse actions against employees simply because of a medical condition. If your employer knew about your medical condition and terminated you without offering reasonable accommodations or medical leave options, this could constitute discrimination.
Discrimination can also occur when employers retaliate against employees for requesting accommodations or medical leave. If you feel you were treated unfairly after notifying your employer about your condition, you may have experienced retaliation, which is unlawful under both federal and state laws.
Additionally, if your employer treated you differently than other employees who do not have medical conditions, this may indicate discrimination. Examples include being denied promotions, pay raises, or job opportunities. It is crucial to gather any documentation or evidence that supports your claim, such as emails, medical records, or witness statements.
What Steps Should You Take if You Were Terminated?
If you were terminated due to a medical condition, it is crucial to act quickly. The first step is to review your employee handbook or company policies to understand your rights and your employer’s obligations. This can provide valuable insights into whether your employer followed the proper procedures when terminating your employment.
Next, consider filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights (DCR). These agencies investigate claims of discrimination and can determine whether your case warrants further action. Filing a complaint is an important step because it creates an official record of your claim and may lead to an investigation.
Seeking legal guidance from an employment attorney experienced in handling medical discrimination cases is also essential. An attorney can help you evaluate your case, gather evidence, and navigate the legal process. They can also negotiate with your employer on your behalf or represent you in court if necessary.
The South Jersey Employment Lawyers at The Law Offices of Leo B. Dubler, III, LLC Help You Understand Your Rights
If you believe you lost your job due to a medical condition, do not hesitate to seek legal help. Speak with the South Jersey employment lawyers at The Law Offices of Leo B. Dubler, III, LLC today. Contact us at 856-235-7075 or complete our online contact form to schedule your free consultation and learn more about the support and service we can provide. With offices in Mount Laurel and Atlantic City, New Jersey, we proudly serve clients in Cherry Hill, Burlington County, Camden County, and South Jersey.