Legal Question in Employment Law in Massachusetts

I am a contracted employee. My termination clause states a 90 day notice is necessary to terminate the contract by either employee or employer. A separate policy states that contracted employees need to give notice per their contract. At the end of this policy, it states that notice period is time worked. My contract only states a 90 day notice, without mention to the 90 days being time worked. I gave my notice but will be having a baby soon and planned to have my vacation time used for maternity leave be part of my 90 day notice. My employer is giving me the option to terminate me when I have the baby or to come back and complete 90 working days to complete my notice period. Does the contract (which does not state that the 90 days must be "working days") supersede the policy and procedures which may or may not apply to me since I am contracted? It feels like my employer is trying to get out of paying my benefits during the vacation time I would be using for maternity leave. I would pursue litigation if it seems I have a case but it seems that it is up to how the judge/arbitrator would interpret the policy. Any advice?


Asked on 9/25/10, 8:17 pm

1 Answer from Attorneys
William Harrington Law Office of William T. Harrington

I would be interested in reviewing both documents and then speaking with you. You can fax to 617-695-6377 or email to [email protected]. Bill Harrington

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Answered on 10/01/10, 5:11 am


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