I went on disability on 7/15/04 for depression and anxiety that I felt were job related. It occured a few days after a work downsizing of about 15% of the staff and excessive overtime. This was communicated to my HR department. After an investigation by Workers Comp, they denied my claim as they indicated the stress situation wasn't severe enough to collect Workers Comp in NJ. Workers Comp denied my request for a 2nd opinion by one of their doctors. I called a Workers Comp attorney in NJ who also stated it is very hard to collect Workers Comp in NJ.

I had to retract my statement of a "work related disability" in order to collect "regular disability payments". My doctor extended my return dates several times during the period 8/15 -11/15 as the disease is complex and disability extensions are necessary as I cannot function normally at this time. On many days I cannot get out of bed. I leave the house for short periods of time.

On November 4th, I received a termination letter from my employer stating they reorganized and my position cannot be held any longer due to my doctor's disability extensions. I thought this was against the law under the ADA? This company has more than 25+ employees. I feel I am being discriminated against for a) filing a workers comp claim and b) have a disability that would eventually result in a work accomodation.

Can anyone give some legal advice on this issue? Thank you.

If your former employer treated you differently than other persons who are out for similar periods of time for other reasons, it is illegal. However, terminating employees after 12 weeks of leave is quite common. The reason is that the law (FMLA) requires that employers with 50 or more employees in a 75 mile radius offer up to 12 weeks of leave with guaranteed job protection (in most cases) for reasons of medical issues.

Let me know if you have any other questions.