I had previously composed a thread regarding Disability Laws in NJ. I have a small office with one full time employee who after 9 months of employment sustained an injury outside of the workplace and went on disability. This employee was never considered reliable anyway. He also has pushed back his return to work date several times providing doctor documentation. It has been about 14 weeks now since he has been out. I am not thinking about terminating him and was told by EllieMD and another Senior Member that I am within legal rights to do so. I am concerned, however, about any stipulations. Can this employee then collect unemployment if I terminate him? Thank you in advance for your response.

If the individual is not ready, able, and willing to work, and is not job searching, he/she will not be eligible for UI benefits. And even if they were, IMHO, it's a small price to pay for discharging an employee who perhaps should have been terminated long ago.

I had previously composed a thread regarding Disability Laws in NJ. I have a small office with one full time employee who after 9 months of employment sustained an injury outside of the workplace and went on disability. This employee was never considered reliable anyway. He also has pushed back his return to work date several times providing doctor documentation. It has been about 14 weeks now since he has been out. I am not thinking about terminating him and was told by EllieMD and another Senior Member that I am within legal rights to do so. I am concerned, however, about any stipulations. Can this employee then collect unemployment if I terminate him? Thank you in advance for your response.
Oh yes he can file and more than likely collect. Once his state disability benefit don't apply because he can work.
JoeC