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Retaliation for Taking Paid Family Leave for Mental Health Crisis

Retaliation for Taking Paid Family Leave for Mental Health Crisis
Larry worked in maintenance at a Massachusetts college.   He had worked for the college on and off for many years, with a positive employment record.

He struggled with depression, and at one point was put on a new anti-depressant medication.  As a result of complications associated with the medication, he had an acute and severe episode and attempted suicide.

Following this, Larry took leave under the FMLA to address both his physical and psychological injuries.  Shortly after he informed the college that he was ready to return to work, and provided all of the required documentation from his providers, he was told that they had conducted an "investigation" into his record prior to the leave and were terminating his employment.

This was a huge blow to Larry, who was just getting back on his feet after a very traumatic experience, and who had years invested in this particular job.

Family Medical Leave Law Solution

Though this all occurred before the Massachusetts Paid Family Leave Act went into effect, Larry was covered by the federal Family Medical Leave Act ("FMLA") which prohibits retaliation against an employee for taking protected leave.

We reviewed Larry's file and history, and sent a demand letter to the college alleging disability discrimination and violation of the FMLA.  We were able to resolve this with a settlement before filing suit.

Postscript

Resolving Larry's matter without going to court was an important victory for him, because the details of his situation were very personal and might have created problems for him in the future if they were in the public record in a lawsuit.

If you are in a similar situation, remember that now both federal and state laws protect you from retaliation for taking a needed family or medical leave, and that under the state law a termination or demotion within six months of your leave is presumed to be retaliatory.  Also remember that, as with Larry, an employment lawyer may be able to help get you compensation without filing a public complaint.

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We have years of experience representing people with claims arising under Massachusetts and federal family medical leave laws, 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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  • 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