Full time employees in Massachusetts and across the United States are protected by established rights and laws. Full time employment is not only about pay but also about benefits that come with employment. Their benefits typically include health and dental insurance, paid time off, as well as paid medical leave that can be used when workers suffer a significant injury that may prevent them from working. What can be done when an employee is terminated for using medical leave? This allegedly happened to a woman in another state and she has filed a lawsuit, claiming wrongful termination.
The woman worked as a grill operator in a restaurant and filed a lawsuit against her former employer, alleging that she was fired as an act of retaliation for using medical leave. According to the lawsuit, the woman suffered an injury related to a health condition that prevented her from performing essential parts of her job. Since the injury allegedly required surgery and significant recovery time, the woman informed her superiors that she would need to take medical leave.
The lawsuit claims that the plaintiff was fired soon after she requested medical leave as an act of retaliation by her employer. The woman accuses the defendant of violating the Family and Medical Leave Act by interfering with her right to take a leave and retaliating against her. The plaintiff seeks monetary damages and back pay, as well as other just relief.
Retaliatory acts by employers are wrong and a direct violation of federal employment laws. Unfortunately, not all employers understand labor laws or choose to follow them. A worker in the state of Massachusetts that feels his or her rights were violated by an employer can take legal action. A successful wrongful termination lawsuit could result in a substantial financial award and also a sense of justice.
Source: flarecord.com, "Former grill operator alleges that East Coast Waffles terminated her in retaliation", Jenie Mallari-Torres, July 7, 2017