FAQ Series

Employment Attorneys Serving Northern and Central New Jersey

Prospective clients frequently call our office seeking to pursue legal action because they were terminated while on disability leave. While calling us is certainly the correct first-step in this situation, not all employers violate the law when they terminate an employee who is out on disability leave and the simple fact of receipt of short term disability benefits does not prohibit termination. For example, if an employer is doing a reorganization and your position is legitimately eliminated, you are not protected simply because you are out on disability leave.

We frequently receive calls from recently terminated employees who want to know if they are entitled to severance pay from their employer upon termination. They are understandably never happy to hear that the answer to that question is no. Generally, employers are not required to pay employees severance at termination with the following exceptions:

In the first of Green Savits' answers to Frequently Asked Questions, we address whether employers can force employees to work overtime.

Employees who contact us often complain that their employer is forcing them to work long hours and ask whether mandatory overtime is legal. The answer is, generally, yes. In New Jersey, employees are considered “at-will,” which means that your employer can require you to work more than 40 hours per week or 8 hours per day and terminate you if you refuse to do so unless: