If I am on disability and my company sells to another company, can I be fired?

If I am on disability and my company sells to another company, can I be fired?

Asked on September 14, 2017 under Employment Labor Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You cannot be fired because you have a disability or injury, but if you miss work without using paid time off (like sick days your earned or accrued) and/or FMLA leave (assuming that the company is covered by FMLA--i.e. that it has at least 50 employees within a 75-mile radius--and you are eligible for FMLA leave--worked there at least a year prior to leave; worked at least 1,250 hours in the 12 months prior) you can be fired for missing work. Receiving disability provides income replacement but does not necessarily hold your job; you still need to come to work, use PTO, and/or use FMLA leave. Companies are not required to retain employees who do not or cannot work without using PTO or FMLA.

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