Legal Question in Employment Law in Massachusetts
Good afternoon. Here is my story, my apologies for the legnth, but I feel I should be thorough and provide all possible information.
I was hired as a temporary employee to a call center located in Springfield, MA. Innovation Group.
After 3 weeks of employment I was offered a part time position with a full team with the company. I began training the following week, and was working full time hours for 3 weeks while the training commenced. At the end of training, based on my progress and customer service knowledge, I was offered a full time position, and guaranteed I would receive medical benefits upon my 90 day period, as well as paid vacation days. We were advised that our PTO time could not be used towards sick days, and if we had to call out sick we would be written up per company policy.
I then worked for the company for another 6 months. Some transportation issues arose around this time, which left me unable to complete my duties on my current team with the company (There are a large number of "Teams" at least 10 or so.) The company offered to swap my teams, which worked out great, to start off with. Mind you at this time I still had not been given my insurance benefits, after asking the human resources department on multiple occasions for more information.
After about a month on the new team, I became ill with Viral Bronchitis, Influenza, and a tachycardia (Resting heart rate of 180 bpm) which required immediate medical attention. My doctor advised me to stay out of work for a period of time due to the illness. I provided my employer with the doctors notes, and proceeded to stay out of work as advised. Upon attempting to return to work, my supervisor has advised me I has gone over my allotted "Occurrences" due to my attendance, as doctors notes were not accepted by the company.
Now, had I been given the medical benefits I was guaranteed, I would have been able to apply for FMLA or Short term disability, which would not have counted against my attendance record, thus I would not be un-employed. I opened a case for unemployment, which was initially denied. I am now awaiting a date for a hearing to appeal this determination based on the fact that I was never offered my health benefits as promised upon my point of hire, and had I been offered those benefits my illness never would have effected my attendance record. Attendance was the only basis for termination from the employer, I received grades in the 90th percentile on all of my reviews with the company.
I guess my question would be, logically and according to the laws, wouldn't the employer be responsible for unemployment benefits?
2 Answer from Attorneys
The FMLA will only apply if the employer has at least 50 employees and you worked at least 1,250 hours within a year of your termination. If FMLA applies, you likely have a good claim for wrongful termination in violation of the FMLA.