Legal Question in Employment Law in Massachusetts

Forced LOA (divorce issues), now terminated

My employer forced me to take a leave of absence due to divorce issues, with a signed letter detailing my right to return within 3 months. I had never taken any unpaid time off from work (I used vacation & comp time for court/attorney dates). When I went in for reinstatement, they refused and based it on allegations that had no relation to my divorce. I had no opportunity to rebut them. I feel it was office politics, my age (40+) and my salary (on the high end for the office) which resulted in my termination. What recourse do I have? The only paper I signed was a time sheet releasing a 2-week severence check.


Asked on 11/18/02, 3:00 pm

1 Answer from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: Forced LOA (divorce issues), now terminated

Much depends on the leave letter you referred to. It should be reviewed by a lawyer. If it promises a return to work outright, or if it requires you to do something to entitle you to return would make a difference. If it says outright you can return to work, then you may have a claim for misrepresentation. YOu would have to prove that your employer knew at the time he make the promise that he had no intention of doing it.

If you believe age is the major factor in the decision, you would have to prove it. contact the Massachusette Commission Against Discrimination in Boston You have only 300 days to file a complaint.

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Answered on 11/18/02, 3:16 pm


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