Life does not always go as planned. Workers sometimes realize, unexpectedly, that they are unable to do their jobs as a result of an injury or illness. While there are situations where such a disability will be permanent, other times workers may plan to return after taking a leave of absence to get a handle on their medical condition. When such a leave is due to a disability, in many cases that individual should have a legally protected job to return to once the leave is complete.

Sadly, employers do not always honor their obligations. Sometimes, someone who is struggling and just trying to get a life back on track could find him or herself dismissed for “job abandonment” when all they really need is a reasonable adjustment to a work schedule. When this happens, legal action could be appropriate.

A New Jersey woman went through just such an experience, and an Administrative Judge recently awarded her almost three years of back pay.

THE CASE

The worker in question took three months of approved medical leave to deal with her depression. Her personal doctor recommended a two-week gradual return to work, shortly after he placed the worker on a new medication. The county denied the request, insisting that she return full time. She was found “fit for duty” by a county-required evaluation.

On her first day back at work, however, the worker became jittery, due to a combination of factors — her computer was replaced and she could not do the job with the new software system; her co-workers muttered about her absence for “mental illness”, which embarrassed her; and she was not adjusted fully to her new medication. As a result, the worker asked to go see her primary physician. When she did, her doctor placed her on leave for another two weeks. The county agency denied her request.

At hearings, various doctors by whom she was assessed disagreed over whether she was fit to return to work. At a disciplinary hearing, she was characterized as having “abandoned her job and resigned not in good standing.” That was not the last word.

Recently, a state Office of Administrative Law judge ruled that the county wrongfully terminated the worker in June of 2013. He credited her personal physician’s testimony above the county’s experts who opined she was “not fit for duty”. Accordingly, she was awarded close to three years of back pay, dating back to her initial return to work. Meanwhile, the county is appealing the decision.

CONCLUSION

Workers’ wrongful termination cases, such as this one, take time and patience. They can be complex and nuanced. The investigating lawyer must stick with it, to determine whether or not the case is likely to be successful. It is important to seek out unique and provable facts, strong evidence, and favorable law.

If you have been fired, a good place to start is with experienced employment lawyers who represent plaintiff employees. We are wrongful termination lawyers. For more information, please see our website, write us, or call. We are here to help you.