If you’re struggling at work due to a disability and worry that your job may be on the line, you are not alone—and you may have legal protection. New Jersey law, along with federal legislation like the Americans with Disabilities Act (ADA), prohibits employers from firing employees because of a disability or for performance issues that arise as a result of that disability.
At NJ Employment Lawyers, LLC, we help employees understand their rights and take action when those rights are violated. Here’s what you need to know if your job performance has been impacted by a medical condition or disability.
Disability Discrimination Under New Jersey Law
Under the New Jersey Law Against Discrimination (NJLAD), it is illegal for employers to discriminate against employees because of an actual or perceived disability. This includes taking adverse actions like demotion, suspension, or termination based on performance issues that are connected to your condition—especially if you’ve requested accommodations or disclosed the issue in good faith.
What Are Reasonable Accommodations?
If a disability affects your ability to perform certain job tasks, your employer is legally obligated to provide reasonable accommodations, so long as they do not pose an undue hardship to the business. Examples include:
- Modified work hours or scheduling flexibility
- Remote work options
- Time off for treatment or recovery
- Adjustments to workload or job responsibilities
- Providing assistive equipment or altering your work environment
Before disciplining or terminating you for performance issues related to your disability, your employer must explore these accommodations through an “interactive process.”
Signs of Unlawful Termination
You may have a valid legal claim if:
- You were fired shortly after disclosing a disability or requesting accommodations
- Your employer failed to engage in a good faith discussion about possible accommodations
- Your performance issues began after you were denied accommodations
- Other employees with similar performance issues were treated more leniently
Termination is not a legal justification if the employer has not taken appropriate steps to support your ability to do your job.
What Should You Do If You’ve Been Fired?
- Gather Documentation: Keep a record of medical communications, accommodation requests, performance reviews, and the circumstances of your termination.
- Request a Copy of Your Personnel File: This may include valuable information that could support your claim.
- Speak with an Employment Attorney: A lawyer can determine whether your rights were violated and help you file a disability discrimination claim if appropriate.
You may be entitled to reinstatement, back pay, emotional distress damages, and attorney fees if your termination is found to be unlawful.
NJ Employment Lawyers, LLC Can Help
NJ Employment Lawyers, LLC has helped numerous employees across New Jersey protect their jobs and challenge unjust terminations. If your employer failed to accommodate your disability or used your condition as a reason to fire you, we are ready to advocate on your behalf.
To better understand your legal options, visit our page on termination and disability rights in New Jersey.
Contact Us
NJ Employment Lawyers, LLC
101 Eisenhower Pkwy #300
Roseland, NJ 07068
(973) 358-7027
Don’t let your disability be used as a reason to take away your livelihood. We’re here to help you fight for the accommodations and protections you deserve.
