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need help in NJ New Jersey

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  • need help in NJ New Jersey

    I appreciate any help I can get. I informed my boss 3 weeks ago that I am going to have surgery and will be going out on disability. My last day of work is this friday the 16th. She calls me in to the office the other day and explains to me that as of the 16th my insurance will be cut and she will be offering me cobra. She also told me that while I am out on disability I am no longer an employee of hers that I am terminated till I come back. I dont understand how she can do this. Can anyone tell me if it is legal. Thanks

  • #2
    Does your company qualify for FMLA (50 employee within a 75 mile radius)? Do you qualify (1 year employeed with at least 1250 hours worked)?
    Amateurs built the Ark, Professionals built the Titanic

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    • #3
      we do not have more then 50 employees but I have worked there for 2 years

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      • #4
        I'm sorry but you don't qualify for FMLA. You must meet all qualifications. You have no job protected leave under FMLA.

        N.J. does have a state disability plan but there is no job protection. It's just income/pay while you are off work.

        I doubt if the ADA applies but how many employees are there where you work & if you don't mind my asking, what type of surgery are you having?

        Thanks.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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