Employment Lawyers, Maplewood and Livingston, Essex County, New Jersey

In this a disability discrimination matter, Ely Rodriguez began his employment at Guest Packaging, LLC, in August 2005. In accordance with company policy, Mr. Rodriguez was placed on a probationary period of ninety days. A probation period is a set period of time in which the employee's performance is monitored. During this period of time, the employer retains the right to terminate an individual for proof performance, misconduct and other issues related to the duties associated with the position. This time may be taken with or without company benefits however, at the end of a probation period, it is expressly understood that the employee is considered permanent.

Guest Packaging found that Mr. Rodriguez was not effectively performing his duties and they made the decision to terminate him as a result. The paperwork was processed and his last day of employment was to be September 12, 2005. It was during this time that Mr. Rodriguez sought the care of his health care provider for a pain he had noticed in his stomach area beginning in July 2005. Mr. Rodriquez postponed visiting the doctor as he was nervous to miss any work during the probation period.

It was discerned that Mr. Rodriguez suffered from an umbilical hernia which required him to miss time from work and eventually utilize the Family and Medical Leave Act, 29 U.S.C.A. § 2614(a)(1) which entitles employees time away from work due to medical-related disabilities, including temporary disabilities. Under the FMLA, employers are required to reinstate employees upon their return.

Mr. Rodriquez returned to work in October 2005 and was thereafter terminated. He subsequently filed a suit claiming that Guest Packaging had violated the terms of the Family and Medical Leave Act and also wrongfully discriminated against him New Jersey Law Against Discrimination, which protects individuals with disabilities.

While the trial court initially granted Defendant's motion for summary judgment, deciding that Mr. Rodriguez was not entitled to any right, benefit or position to which he would have been entitled to if he had not taken medical leave, the Appellate Division later remanded the matter. The Appellate Court found that despite the performance records provided by counsel for Defendants, Mr. Rodriquez should still be granted the opportunity to try his case before a jury with the ability to assert a prima facie claim. In order to prove that he was discriminated against under the FMLA and LAD, Mr. Rodriguez must show that he was a member of a protected group, that his job performance was satisfactory, that he was terminated and that his employer sought to replace him.

The laws of the Family and Medical Leave Act and the New Jersey Law Against Discrimination are set to protect employees from workplace discrimination. If you feel that you have been discriminated against due to a disability or while utilizing your FMLA, please do not hesitate to contact Mark & Galusha, LLC. We are experienced employment attorneys serving Maplewood, Livingston and all of Essex County, New Jersey. We can be reached at (908) 626-1001 or 973-440-2311, or simply tell us your story by clicking the contact us page.