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Retaliation Against Employee for Using Earned Sick Time

Retaliation Against Employee for Using Earned Sick Time
Maria worked as a bartender for a Massachusetts nightclub.  For most of her time there, she was considered an excellent bartender and worked the most lucrative shift (Friday nights).

One day, after working there for five years, Maria informed her manager that she needed to take a sick day.  The reason she needed to take the time was to attend an appointment relating to the impact of domestic violence in her family.  This is one of the reasons specifically protected under the Massachusetts Earned Sick Time Law.  Her immediate manager told her that the General Manager was going to be very angry about her missing her shift.

When she returned to work, the General Manager informed her that she would no longer be working the Friday night shift, and instead would be scheduled for Sundays.

The majority of Maria's compensation came from customer tips, and the Sunday shift generally netted only 10-20% of the tips she would ordinarily receive on a Friday night.  This meant that Maria's compensation had essentially been reduced by 80% or more, solely as a result of her taking a sick day.

Retaliation Solution

Maria came to us shortly before the pandemic closed the nightclub down.  At that point she had been working at a drastically reduced income for several months, which left her in an even more precarious situation when the pandemic hit.

​We filed a complaint on Maria's behalf alleging retaliation in violation of the Massachusetts Earned Sick Time Law, which protects employees from negative job actions resulting from their use of time guaranteed by the statute. 

After the complaint was answered, but before discovery began, we were able to negotiate a settlement with the nightclub that compensated Maria for her reduced income and other damages.

Need Help With a Retaliation Issue?

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Postscript

If you are in a situation where you need to use earned sick time for your own sickness, sickness of a member of your immediate family, attending routine medical appointments for yourself or a family member, or dealing with the after-effects of domestic violence, you should understand that this is protected time under the law, and you should not face retaliation.   An experienced employment attorney can help you understand your rights and whether they have been violated.

How We Can Help

Non Compete and Unpaid Commissions MA employment lawyer
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We have years of experience representing people who have faced retaliation at work for engaging in activities that are protected under the law, and we would be happy to help you. You can use the button below to schedule a call back from a member of our team, or give us a call at  781-784-2322.
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​Sharon MA 02067

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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws >
      • Overtime Law >
        • Overtime Exemptions
        • Employee Travel Time
        • Federal or State Overtime Law
      • Massachusetts Wage Act >
        • Payment of Commissions
        • Wage Deductions
        • Late Payment of Wages
        • Paid Time Off
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog