New Jersey Employment Lawyer Blog

New Jersey Employment Lawyer, Krenkel & Krenkel, LLC, litigates employment cases in the State of New Jersey. In Matejik v. State of New Jersey, the Appellate Division found that the defendant-Department of the Treasury did not violate the FMLA by requesting confirmation that plaintiff was fit for duty by independent medical examination so long as it set the date of the examination to assure that it did not cause undue delay in her return and that whether the delay was "undue" is a question of fact and the evidence relevant to this determination is not so one-sided as to permit a grant of summary judgment, the panel affirms the order denying plaintiff's motion for summary judgment on her claim of interference with her FMLA rights and reverses the order granting the department summary judgment on this claim. Summary judgment in favor of defendant on plaintiff's retaliation claim is affirmed as there is no evidence that the evaluation defendant required was in retaliation for her use of FMLA leave. The grant of summary judgment in favor of defendant on plaintiff's claim under the Law Against Discrimination is reversed since a reasonable fact finder could conclude that her employer perceived her to be disabled and took adverse action to exclude her from the work place because of that perception.