Legal Question in Employment Law in Massachusetts

Exclusion from facility-wide pay increase

Worked 13yrs-hospital foundation.Employ linked to hosp-HR,orientation,benefits,paycheck. Foundtn's exps incl salaries paid:hosp.Reimbrs'd by Found.Last April assumed suprvsr's duties.Requested,received 53%pay increase.Hospital-wide 2%pay raise(''all employees,supervisors,managers'')announced (10-12-00),effect.11-22-00.New supervisor arrived-November.She acc. noted she 'was hired to clean house'.Long story.Bad to worse.Went out on a med leave-high bp,headaches.Within 5 days, was notified my position was gone.Legal while employee is on m.d.-ordered med leave? Was notified that I was being bypassed on the hospital-wide pay raise because of my Apr.raise.When I asked if my co-worker was receiving it,was told no.Believe she got it.Pay increase was announced as hospital-wide.Past precedent had always been that hospital-wide pay raises incld'd automatic Foundation inclusion.New supvsr said if I had a need for the raise,she could appeal for me.Told her I had committed raise to help daughter re:education.Never received the raise and have now been let go.Raise amounts to $1,500.Would like to know if I have recourse. How go about it? Claim form for investigation - allegation of unfair labor practice?


Asked on 2/05/01, 4:37 pm

1 Answer from Attorneys
Chester V. Shea III Law Offices of C.V.Shea III

Re: Exclusion from facility-wide pay increase

Sounds kinda fishie to me, but if you were an "employee" within that definition, you may have a claim under FMLA if a doctor will substantiate your medical condition.

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Answered on 3/19/01, 1:46 pm


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