Legal Question in Disability Law in Massachusetts

STD Descrimination

My friend was threatened with termination when she inquired about STD benefits, that if she sought it for (It was determmined She had to have medically needed surgury and was out 6 weeks) she would be fired. she had to have the surgury so her md submitted the paperwork it was approved they then tried to not pay her after she had the surgury and upon return had all her clients removed from her job descript and was approached by her boss saying we understand your not happy i can offer you a package basically trying to get her to resign the week she returned. she refused whatever package (never told her what it was) and said u need to tell us monday if you want a package she refused and said i want my old job back they then replied with a very negative written review and a written 45 day Probation claiming she had a lot of absence previous and poor work performance etc. she refused to sign either and they said we dont need your signature to hold you to this standard although noone else has ever been treated this way after surgury.(all reviews previous were excellent and triple her job desciption and a extremely hostile workplace she is just waiting no to be fired for some made up thing. can she be treated this way? help


Asked on 10/07/04, 4:44 pm

1 Answer from Attorneys
William McLeod McLeod Law Offices, PC

Re: STD Descrimination

The short answer is no. But the posting doesn't mention some facts I need. I do not know how many employees the employer has. For example, if she were employed there at least a year, there might be violations of the Family Medical Leave Act. There might be violations of the ADA depending on the nature of her surgery, or alternatively, whether they "regarded" her as disabled. There also might be violations of ERISA - the Employment Retirement Income Security Act. ERISA governs virtually all employee benefit plans in the private sector - and it's unlawful for an employer to intentionally interfere with an employee's right to obtain a benefit. It's also unlawful for an employer to terminate an employee simply because they have invoked a right they have in an employee benefit plan. For discrimination claims, it's very important that your friend know that the statute of limitations to take action is very short - only 300 days. So if she is inclined to file a claim, she should not wait or she may lose her rights. If she has been denied any benefits under her STD plan, it's very important that she follow whatever administrative procedures and remedies that might be set forth in the written STD plan documents, and be mindful of those deadlines as well.

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Answered on 10/07/04, 4:58 pm


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