By Eric A. Shore, Founding Attorney, Law Offices of Eric A. Shore

Yes. In Pennsylvania and New Jersey, employers can often legally fire an employee after a car accident, even if the accident was not the employee’s fault. I know that feels unfair, but unfair and illegal are not always the same thing.

The real question isn’t whether you were fired after the accident.

The real question is why.

If your employer fired you because you requested FMLA leave, asked for a reasonable accommodation, followed your doctor’s restrictions, or because of a disability protected by law, that may be illegal retaliation or discrimination. If the termination was for a legitimate business reason unrelated to your injury, it may be lawful.

I’m Eric Shore, founder of the Law Offices of Eric A. Shore. Since 1994, I’ve represented injured and disabled workers throughout Pennsylvania and New Jersey. One pattern comes up again and again. Someone is hurt in a crash, needs medical treatment or work restrictions, and suddenly the employer starts looking for a reason to end the employment relationship.

That doesn’t automatically mean the employer broke the law. But it deserves a closer look.

Can They Fire Me Just Because I Was Hurt?

Not necessarily.

Pennsylvania and New Jersey are generally at will employment states. That means employers can terminate employees for many reasons, even reasons that seem unfair.

What they generally cannot do is fire someone because they exercised a legal right.

That includes situations where an employee requests protected medical leave, asks for a reasonable accommodation because of a disability, follows medical restrictions, or is treated differently because of a disability.

One of the biggest misconceptions I hear is, “I’m an at will employee, so I have no rights.” That simply isn’t true.

What If I Need Time Off After the Accident?

If your injuries qualify for protection under the Family and Medical Leave Act, commonly called FMLA, your employer generally cannot fire you simply because you took protected leave.

Not every employee qualifies for FMLA, but if you believe your injuries will keep you out of work, don’t rely on a casual conversation with your supervisor.

Request leave in writing and keep copies of everything.

What If I Can Work With Restrictions?

Many people aren’t completely unable to work after a car accident. They simply need temporary restrictions.

Depending on your medical condition and your job, your employer may have a duty to consider reasonable accommodations under the Americans with Disabilities Act.

That could include modified duties, schedule changes, temporary leave, remote work where appropriate, or other adjustments that allow you to perform the essential functions of your job.

An employer doesn’t always have to provide the exact accommodation you request. But simply saying, “Come back with no restrictions or you’re fired,” can create legal problems when disability laws apply.

What If I Was Fired Right After Giving My Employer a Doctor’s Note?

Timing matters.

We become concerned when an employee has a solid work history, reports an injury, provides medical restrictions, requests leave or accommodations, and is suddenly disciplined or fired shortly afterward.

Timing alone doesn’t prove an illegal termination. But it can be important evidence.

Save your doctor’s notes, emails, text messages, performance reviews, termination paperwork, and any communications with your employer. Those records often tell the story better than anyone’s memory.

What If My Employer Says I Abandoned My Job?

Employers sometimes claim an employee abandoned the job when the employee believed they were communicating about a medical condition.

After a car accident, communicate in writing whenever possible.

Tell your employer about your injury, provide updated medical information, explain your restrictions, and clearly request leave or accommodations if you need them.

Don’t assume your supervisor understands your situation if nothing is documented.

Should I Sign a Severance Agreement?

Not before having it reviewed.

Many severance agreements require employees to give up valuable legal rights in exchange for compensation.

I’ve seen people sign away potential employment claims simply because they wanted the situation to be over.

Before signing anything, gather your doctor’s notes, emails, text messages, performance reviews, accident information, and termination paperwork.

What Should I Do If I Think My Employer Fired Me Illegally?

If you’re still employed:

• Request leave or accommodations in writing.
• Keep copies of every doctor’s note.
• Save emails and text messages with your employer.

If you’ve already been fired:

• Don’t sign a severance agreement without understanding what you’re giving up.
• Preserve every document related to your employment and your injury.
• Speak with an employment lawyer before important legal deadlines expire.

Employment law deadlines can be much shorter than most people realize.

When Should I Call a Lawyer?

If you were fired, demoted, denied leave, denied accommodations, or pressured to resign after a car accident, it’s worth having the situation reviewed.

Many people assume they were simply unlucky. Sometimes they’re right.

Sometimes the employer crossed a legal line.

The sooner you find out which one applies, the better your options usually are.

If your job was affected after a car accident in Pennsylvania or New Jersey, the Law Offices of Eric A. Shore can help you understand your rights.

Call 1-800-CANT-WORK for a free consultation.

Frequently Asked Questions

Can I be fired for missing work after a car accident?

Sometimes. But if your absence is protected by FMLA or disability laws, firing you for taking protected leave may be illegal.

Does my employer have to accommodate my medical restrictions?

Not always. But if your condition qualifies as a disability, your employer may have to consider reasonable accommodations that allow you to perform the essential functions of your job.

Can I have both a car accident claim and an employment claim?

Yes. The driver who caused your accident and your employer may each have separate legal responsibilities depending on what happened.

Should I sign a severance agreement?

Not until you understand what rights you may be giving up.