Fibromyalgia and Workplace Retaliation: Protecting Your Rights under FMLA
Facing Workplace Retaliation Due to Fibromyalgia and FMLA Leave
Carla served as a Director of Nursing at a prominent Massachusetts healthcare company. Unfortunately, she grappled with fibromyalgia, a debilitating condition that exacerbated when her supervisor altered her work location and extended her working hours.
With the new schedule demanding up to 14 hours of commuting or work a day, her health deteriorated, leading her to take medical leave under the federal Family Medical Leave Act (FMLA). During her leave, she was unexpectedly handed a performance improvement plan and informed of a salary reduction. Upon her return to work following her leave, she faced immediate termination. Legal Resolution for FMLA Leave Carla's situation unfolded prior to the implementation of the Massachusetts Paid Family Medical Leave Act. However, she remained protected by the federal FMLA and prevailing state and federal anti-discrimination laws. We diligently examined Carla's case, prepared a demand letter to her employer, and pursued resolution through private negotiations. When these attempts proved unsuccessful, we initiated proceedings with the Massachusetts Commission Against Discrimination (MCAD), ultimately achieving a settlement for Carla without protracted litigation. Conclusion If you find yourself confronting a similar situation, it's crucial to recognize that you now enjoy protection under various laws, including the Massachusetts Paid Family Medical Leave Act, FMLA (if your employer meets the size criteria), and state as well as federal anti-discrimination regulations. Seeking counsel from an experienced attorney can help you assess potential legal claims and effectively assert your rights. |
Need Help With Family Medical Leave Issue?OR
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How We Can Help
If you've experienced retaliation at work for taking FMLA leave due to a medical condition like fibromyalgia, our experienced legal team is here to assist you in navigating the complexities of employment law. 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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