QUESTION
My husband is being targeted by his company since he was stricken with an illness in 2008. We would like to know where we legally stand on this?
Asked on Oct 02nd, 2013 on Labor and Employment - New Jersey
More details to this question:
He has worked for this company for 30 yrs. He was diagnosed with sarcoidosis (an autoimmune disease) and was stricken with cryptoccocal meningitis in 2008. These diseases has left him with somewhat of a brain injury and he is not 100% of what he was prior to the illnesses. His company, in the last couple years, has done various things to either force him to quit or they are setting him up to have him fired. We have a sneaky suspicion that they are doing this because of the health insurance issue. My husband's medical expenses have been pretty high the last few years and I think that is stopping his company from getting a good rate from the insurance carrier. My husband has taken minimal time off throughout this horrific ordeal and is still meeting his obligations to his company, as best as he can. Just need to know if there is anything we can legally do?
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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these are difficult cases because the employer does not have to make 'reasonable accomodation' for the employee to work if the employee is unable to perform the work required. the example given in law school is a fireman. the fireman must be able to carry 165 pounds down a 20 foot ladder. if the fireman is unable to carry this load, then the fireman is not entitled to the job or to a 'reasonable accomodation' such as 'driving the fire truck. the key is your husband's doctor stating in wriing that your husband can do the work and then your husband doing the work. please let us know if we can help. ed dimon, esq.
Answered on Oct 07th, 2013 at 12:19 PM