N.J.A.C. 4A:2-2.3(a)(3) Inability to perform duties Defense Lawyers
N.J.A.C. 4A:2-2.3(a)(3) subjects an employee to discipline for insubordination for an inability to perform duties. There are some common scenarios that present themselves in these cases, such as psychical issue and mental health issues. Where there is a mental health issue, the employee may be subject to psychological testing. If the employee fails that, they can initiate an appeal. That topic is covered in more detail in another post. If there is another issue such as a physical
disability, there are limitations in what the employer can due. Under the LAD, an employer must reasonably accommodate an employee’s disability, Tynan v. Vicinage 13 of the Super. Ct. of N.J., 351 N.J.Super. 385, 396 (App.Div.2002) and the related limitations of an employee. This is of course “unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of its business.” Id. at 397 (citing N.J.A.C. 13:13-2.5(b)). The duty to accommodate an employee with a disability “extends only so far as necessary to allow `a disabled employee to perform the essential functions of his job.'” Ibid. (quoting Vande Zande v. State of Wis. Dept. of Admin., 851 F.Supp. 353, 362 (W.D.Wis. 1994), aff’d, 44 F.3d 538 (7th Cir.1995)).
Thus, the fight may be over the disability itself as well as the accommodation offered by the employer. Don’t get bullied around by your employer. If you have been accused of having an inability to perform duties pursuant to N.J.A.C. 4A:2-2.3(a)(3) to protect your rights. You can call us any time at 1-855-9-JEFLAW to discuss your case for free.