Legal Question in Employment Law in Massachusetts
disability @ employment rights
my son was working at a hospital in boston, he became disabled in may,2007. in sept he was fired from his job even though he was still on long term disablility. is this legal, or simply not ethical.
3 Answers from Attorneys
Re: disability @ employment rights
It may be legal. If they fired him "because" he was disabled, then there would be a case to challenge their action. The difficulty would be proving they terminated him "because" he is disabled; ie, they likely have another reason(s).
Re: disability @ employment rights
This depends upon the reason they fired him, his prior work record of performance, the terms of the disability policy, the terms of theoyer's policy manual, etc. In other words, much more needs to be disclosed in order to render a preliminary assessment.
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Why Oklahoma and Massachusetts?
Re: disability @ employment rights
It may be illegal and there may be multiple claims that can be made. I have handled similar cases for clients in the past and would be happy to speak to you