Legal Question in Business Law in Massachusetts

Wrongful Termination

I was employed by a financial company that markets employee benefits. I began employement there in February of this year in an administrative role. Over the spring and summer months I was out of work twice: once with mono and the other with surgery on my left fore-arm. About 10 weeks after returning from surgery, I was hit with kidney stones and out for about 8 weeks. Upon my return from leave, I submitted the proper doctor's notes and documentation stating I can work but symptoms come and go. Monday, my supervisor terminated me for being sick. He stated, ''We are tired of your illness.'' Is this wrongful termination? I risk loosing my appartment and everything else around me if I do not have a job by the end of the month. Are there legal actions I can take?


Asked on 12/14/01, 2:31 pm

2 Answers from Attorneys
William McLeod McLeod Law Offices, PC

Re: Wrongful Termination

You cannot be fired to taking a leave under the Family Medical Leave Act. The FMLA can also be used for leave that you have to take for an illness. I am not sure whether you would qualify as being disabled under the ADA, but you may have been regarded as being disabled - and if so, you might have protection. But I have no ifrs how many employees there are, the types of leave you took, etc. SO you're going to need to give all these facts to a qualified employment lawyer.

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Answered on 12/16/01, 10:38 pm
Lawrence Graves Coolidge & Graves PLLC

Re: Wrongful Termination

You don't say how many employees your (former) employer has, and it actually matters -- the Americans with Disabilities Act applies only to employers with more than a certain number of employees (50, I believe), and the similar Massachusetts law covers companies over a lower threshold (15?) -- any good employment lawyer can tell you this. Also, not all illnesses count. You should consult as soon as possible with a lawyer.

Best wishes,

LDWG

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Answered on 12/14/01, 3:37 pm


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