Legal Question in Employment Law in Massachusetts

Is it legal for my position to be terminated because Ive been ill?

I am a college student working part time with major retail chain. Ive been with company over a year. I have had to call out sick a lot because Ive been in ill health following a meningitis diagnosis. My manager has hinted towards my termination and has set up an appt to meet with her in two days. Can I be fired even though Ive been bringing in doctors notes?? Thank you for your time.


Asked on 12/16/02, 3:20 pm

2 Answers from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: Is it legal for my position to be terminated because Ive been ill?

Your HR department can tell you if your parttime employment is governed by the Family Medical Act. If so, you are entitled to 12 weeks per year. You get no pay during the time off. However, you must get your job back when you are ready to return to work. There is also coverage for disabled people. However, you have to be capable of performing the work. If you are sick due to a disability and cannot work, you are not able to perform the essential duties of the job and have no remedy.

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Answered on 12/17/02, 10:48 am
Daniel Gindes Law Office of Daniel Gindes

Re: Is it legal for my position to be terminated because Ive been ill?

There is both state and federal law that protects people in your situation; depending on the amount of time you took off. I bet the person you are talking to has no idea about such laws, and you may want to get the corporate office involved.

Good luck.

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Answered on 12/16/02, 4:22 pm


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