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 SolutionMaria 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. |
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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.
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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.
