Retaliation Against Employee for Taking Family Medical Leave
Lisa worked for a chemical supply company. After the sudden death of her husband, she had to take time off from work to provide for the ongoing medical care of herself and her children. This care included existing medical conditions, but also the severe anxiety her youngest two children suffered after the death of their father.
In each instance when Lisa missed work because of the medical care she or her children required she provided notification in advance to her supervisor, describing the hours or days she would miss and the medical reason for her absence. She also followed up each appointment by providing supporting documentation from the medical professionals overseeing the care. In mid-2020, Lisa was told she would not be receiving an annual raise because she "missed too much work." Two months later she was terminated for "taking too much time off." As a result, Lisa was out of a job in the middle of a period that was still traumatic for both her and her children. Retaliation SolutionWe reviewed the facts and documents, and drafted a letter to Lisa's employer articulating her claims. Specifically, all of the time she had taken off was under the federal Family Medical Leave Act ("FMLA"), which prohibits retaliation against employees for taking available leave.
There was no question her reasons for time off fell under the FMLA, and the company essentially had admitted to her that the reason for her termination was this "time off." We were able to negotiate a favorable settlement for Lisa without needing to go through the full litigation process. |
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Postscript
Lisa's family leave occurred before the effective date of the Massachusetts Paid Family Leave Act, so at that time she was only protected because her employer met the size requirements for applicability of the FMLA. Under Massachusetts law now, however, all employers are required to provide family medical leave for qualifying reasons, regardless of how many employees they have.
If you need to take leave for your own health condition, to care for an immediate family member, or to take care of a newborn or adopted child, remember that you have the right to take leave without fear of retaliation. If your employer does take action against you because of your leave, you should consult with an employment attorney.
If you need to take leave for your own health condition, to care for an immediate family member, or to take care of a newborn or adopted child, remember that you have the right to take leave without fear of retaliation. If your employer does take action against you because of your leave, you should consult with an employment attorney.
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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.
