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Retaliation for Taking Pregnancy Leave

Retaliation for Taking Pregnancy Leave
Julie worked as an outside sales representative for a print supply company in Massachusetts.  When she interviewed for the job, she was pregnant, but not far enough along to disclose her pregnancy.

After she started working, she was told by her manager that the outside sales representative job was not suitable for women with children. After she disclosed her pregnancy, she was told that it was "not sitting well" with the owner that she had taken the job while pregnant.

While she was in the hospital after the birth of her child, her manager called her and asked her if she wanted to give up her position for a desk job, stating that “being on the road was not conducive to having a family.”  She declined this offer. 

After returning from a very brief leave, she had to miss a few days of work when her child was sick.  Shortly thereafter, she was placed on a performance improvement plan and then terminated
.

This left Julie, a single mother with a very young child with health issues, in a very precarious financial and emotional situation.

Family Medical Leave Law Solution

These events took place in 2014 and 2015, before passage of the Massachusetts Paid Family Medical Leave Act and before passage of the Earned Sick Time Law.  Julie's employer was not large enough to be subject to the federal Family Medical Leave Act ("FMLA"). 

Had all of this occurred today, she would have had a very straightforward claim of PFMLA retaliation as well as retaliation for taking earned sick time to care for her child when he was ill.  As it was, we had to put together a combination  of claims for pregnancy and gender discrimination under then-existing law.

We filed a claim with the Massachusetts Commission Against Discrimination ("MCAD"), which we later removed to file in state court.  After some discovery in that case, the parties attended a mediation and were able to reach a settlement that compensated Julie for the loss of her job and the significant stress she had gone through.

Need Help With Family Medical Leave Issue?

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Postscript

By settling her case, Julie not only got financial compensation but finally felt like she could move on from a stressful and fraught chapter in her life.  She got another, better, job and has been able to support her family since.

If you are in a similar situation, remember that today you have significant rights under the Paid Family Medical Leave Act if you need parental leave or leave for pregnancy-related reasons, and under the Earned Sick Time Law if you have to miss work for a sick child.

How We Can Help

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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