Termination 4 Weeks After Returning from Medical Leave Prompts Lawsuit Against J & J
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An IT worker for Johnson & Johnson has filed a lawsuit alleging J&J fired him immediately after he returned from medical leave. The case pleads claims based on the plaintiff’s disability and age. You can download a copy of the Complaint here: Pultorak v. Johnson & Johnson Services, Inc. and Johnson & Johnson, No. 3:21-cv-01947 (D.N.J., Feb. 5, 2021)
The lawsuit claims the plaintiff was let go about four weeks after he after he returned from medical leave for throat and lung cancer and lumbar spinal fusion therapy. According to his complaint, his job was given to a younger, less qualified individual without a disability. He also applied for several positions with the company for which he was qualified but he was not hired for any of them.
The complaint alleged violations of the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA) and New Jersey law.
Sadly, companies often terminate employees immediately before, during, or after a medical leave of absence. Some employers would rather not deal with the inconvenience of covering for an employee while he/she is out on medical leave. This is despite the fact that, depending on the circumstances in the individual situation, the practice is often illegal.
This area is complicated so it is best to consult with a disability discrimination lawyer or an age discrimination lawyer if you have questions.
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