Legal Question in Employment Law in Massachusetts

Discrimination for use of medical leave

July 2004 I was removed from work (by my physician) for medical reasons (stress). I was out for 8 weeks and told by the HR Manager that my position was going to be waiting for me upon my return. The Wednesday prior to returning to work, I contacted HR to inform them of my intent to return the following Monday. Upon return, my office had been packed up and I was told that my job was no longer available. I was told that I can take a job (same pay) in a position that I was not qualified for and was already over employed or take a voluntary seperation package. I have been working in this position since Sept. and there are now rumors that I may be getting laid off. Can they take my position away the way that they did? They made me sign a job offer accepting my current position. I have been employed here for the past 12 years with a stellar performance history. The employee who took my original position is still employed in the same position.

Thanks in advance for the help.


Asked on 6/08/04, 11:29 pm

1 Answer from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: Discrimination for use of medical leave

The Family Medical Leave Act may govern your rights. Based on the facts you presented, you case is complicated. You should consult an attorney ASAP so that you can be advised how to handle threatened layoff.

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Answered on 6/09/04, 1:03 pm


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