QUESTION
In NJ; can my employer fire me for missrepresenting my use of FMLA based on an a report by a co-worker who drew an in-correct conclusion?
Asked on Jan 31st, 2015 on Labor and Employment - New Jersey
More details to this question:
I am a 33 year employee; well respected by peers and management. I have FMLA for stress related stomach issues. I woke up on New Year's Eve with stomach pains and knew I could not work an eight hour shift would need to make many bathroom trips. (I work nights 8pm-4am) I used an FMLA sick call and planned on staying home. My sister was having family members over to bring in the new year. They are used to me not being able to attend. In 33 years on the job, this was the first time I called in sick on NYE. I went to my sister's because they could keep me just as comfortable as I would be at home. I went over for a few hrs; my sister's neighbor came and brought a friend along. She happened to be a mgr fr my job. With no knowledge of my health issues or situation; she went to work the next day and said she saw me at a party. They SPI'd me for a week w/o pay. Based on NJ FMLA laws, I don't think I should have been disciplined. My dept is now treating me like a troublesome employee
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
at
Edward J. Dimon
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There are two crucial issues. The first issue is whether you are an employee at will. In New Jersey, an employee at will has very few rights. If you are an employee at will, you do not have an employment contract. Your rights are set forth in your employee handbook. To give you a proper answer concerning your right, we would have to review the handbook. If you do have the right of appeal, you would then have to overcome the statement of the co-employee. Please call if we can help.
Answered on Feb 02nd, 2015 at 7:03 PM