Legal Question in Employment Law in Massachusetts

bullied out of a job and ended out on mental sick leave

i was employed by a specialty retailer for 9 and a half years as a store manager. i was a solid performer, had become manager of the quarter, won several awards, developed partners. i had a boss change to someone i knew had some ''baggage'' with me. we had a rough time, because his expectations were higher than the company standards. the fall out occured over a suicide by a customer that affected me and my performance. i was put on an unrealistic action plan, and reminded i would fail regularly. it was delivered at holiday our busiest time. after exceeding and meeting my objectives in some areas and achieving results in most areas, the pressure from my bosses negativity forced me out on a medical sick leave by basically bullying me into it. i never got the paper work completed. i initiated letters to my hr manager. but the anxiety level has been so high, that it has prevented me from representing myself. i have moved to another site, settled and tried to find a job, but its been unsuccessful. i would like to get my disability pay and leave completed. but i would also like a fare shot to be rehired into my company and my boss repremanded, or myself compensated for missed work. is there someone i can give this too and get a consult?


Asked on 8/15/07, 5:21 pm

2 Answers from Attorneys
Philip Friedman Bonifield, Friedman & Leifer, P.A.

Re: bullied out of a job and ended out on mental sick leave

Generally, there is no specific paperwork requirement to take FMLA, please consult an attorney in your jurisdiction.

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Answered on 8/15/07, 5:52 pm
David Conforto Conforto Law Group

Re: bullied out of a job and ended out on mental sick leave

Thank you for your inquiry. To give you some background about ourselves, Conforto Law Group is a boutique Boston law firm specializing in employment law and committed to the representation of employees.

Regarding your question, you are covered under the FMLA if, among other things, you suffer from a "serious health condition."

Under the Code of Federal Regulations (29 CFR 825.208), "an employee giving notice of the need for unpaid FMLA leave must explain the reasons for the needed leave so as to allow the employer to determine that the leave qualifies under the Act."

The failure to complete required paperwork, however, is not the end all. Under G.L. c. 151B, employers have the duty to participate in what's called the "interactive process" to determine what accommodations, if any, an employee necessitates to deal with a handicap or disabling condition. Temporary time off has been considered a reasonable accommodation under this statute.

Please feel free to contact us for additional information.

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Answered on 8/15/07, 9:11 pm


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