By Eric Shore, Personal Injury and Disability Attorney

I’m Eric Shore, founder of the Law Offices of Eric A. Shore, and I’ve been helping people in Pennsylvania and New Jersey with job-related injury, disability, and employment problems for more than 30 years.

Yes, you can be fired for many reasons in Pennsylvania and New Jersey. But your employer cannot legally fire you for an illegal reason, including certain retaliation after protected medical leave, disability accommodation requests, or protected complaints.

That is where timing matters.

If you asked for medical leave, requested an accommodation, reported a medical condition, or used Family and Medical Leave Act rights, and then suddenly your job turned against you, you should not ignore it.

Key Takeaways

• Pennsylvania and New Jersey are generally at-will employment states, but at-will does not mean your employer can fire you for an illegal reason.
• Suspicious timing after medical leave, disability disclosure, or accommodation requests can matter.
• FMLA, ADA, PHRA, NJLAD, and related laws may apply depending on the facts.
• Save emails, texts, performance reviews, leave requests, and names of witnesses.
• Never sign a severance agreement without having it reviewed.

A Client Story I Have Heard Too Often

A woman called my office after being fired two weeks after asking for medical leave. She said, “They told me it was performance, but I had good reviews before I got sick.” That detail matters.

In my experience, one of the biggest warning signs in an employment case is a sudden change in how the employer treats the person after a medical issue appears.

Before the leave request, the employee is reliable. After the leave request, everything becomes a problem. Late write-ups.

Cold emails.

New criticism.

Pressure to resign.

That does not automatically prove the case. But it is something worth looking at carefully.

Can My Employer Fire Me After I Ask for Medical Leave?

Quick Answer: Sometimes an employer can fire an employee who requested medical leave, but not because the employee requested protected leave or needed a lawful accommodation. The reason, timing, and paper trail matter.

At-will employment means an employer can often fire someone for a bad reason, unfair reason, or no clear reason.

But not an illegal reason. That is the difference.

If the real reason is retaliation for protected medical leave, disability accommodation, or protected activity, the case may be different.

What Is Suspicious Timing in an Employment Case?

Quick Answer: Suspicious timing means the employer’s negative action happened close in time to protected activity, such as requesting leave, reporting a disability, asking for accommodation, or complaining about discrimination. Timing alone may not prove the case, but it can be important evidence.

I’ve seen cases where the employer tolerated the same performance for years.

Then the employee asked for surgery leave.

Suddenly, the employer claimed the person was a problem. That pattern matters.

The better question isn’t “Can my employer say it was performance?”

The better question is “Does the paper trail support what the employer is saying?”

What Should I Save If I Think I Was Fired Illegally?

Quick Answer: Save the paper trail immediately. That includes leave requests, accommodation emails, doctor notes, performance reviews, write-ups, text messages, schedules, witness names, and severance documents.

Do not rely on memory.

Dates matter.

Names matter.

Exact wording matters.

If you asked for leave by text, save screenshots.

If your boss praised your work before the medical issue, save those reviews. If you were suddenly written up after requesting leave, save the write-up.

One mistake I see over and over is people waiting until after they lose access to their work email.

Decision Tree: What To Do Next

If you are still employed, then save the paper trail without taking confidential company documents you are not allowed to take.

If you need medical leave, then make the request in writing.

If you need accommodation, then ask clearly and keep a copy.

If you were fired shortly after requesting leave or accommodation, then write a timeline today.

If you received a severance agreement, then do not sign it without review. Otherwise, you may give up rights before you understand what happened.

FAQ

Can my employer fire me while I am on medical leave?

Sometimes, but not for an illegal reason. The employer may claim another reason, but timing, documents, and past performance can matter.

What if my employer says I was fired for performance?

Sometimes that is true. Sometimes it is a cover story. Compare the employer’s reason to your reviews, emails, write-ups, and timeline.

Do I need to file with the EEOC?

Sometimes. Employment claims may require agency filings with short deadlines. The exact deadline should be verified before publication.

Should I sign a severance agreement?

Not without review. A severance agreement may require you to give up important rights.

Should You Call After Being Fired Following Medical Leave?

If you were fired in Pennsylvania or New Jersey after asking for medical leave, reporting a medical condition, or requesting accommodation, the biggest mistake is assuming your employer’s explanation is automatically true.

The Law Offices of Eric A. Shore helps injured and disabled people understand how employment, disability, and injury issues may overlap.

Call 1-800-CANT-WORK if you were fired, demoted, pushed out, or offered severance after a medical issue.