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Use of FMLA medical leave leads to alleged wrongful termination

For many Massachusetts residents, employment is not only about the salary, but also about the many benefits that employees receive. These benefits include such things as dental and health insurance, paid vacations and paid medical leave. Employees should never be reprimanded for using benefits or exercising rights to which they are entitled. Unfortunately, some employers in today's fast-paced world of business will retaliate against employees for taking advantage of these agreed-upon benefits. A man in another state was allegedly fired for using medical leave, and he has filed a wrongful termination lawsuit.

The plaintiff worked for a health care system and was diagnosed with HIV several years ago. According to the lawsuit, the plaintiff was approved for intermittent medical leave per the Family and Medical Leave Act, which requires employers to provide job-protected medical leave for qualified employees. After returning from medical leave, he was allegedly retaliated against and terminated from his position.

The plaintiff also claims that his HIV status was revealed to his management without his consent. He accuses his former employer of retaliation and wrongfully terminating him for exercising his rights to take medical leave for his condition. The plaintiff seeks reinstatement, compensation for lost wages and other damages.

Workers across the United States have rights to protect them. However, this does not stop some employers from retaliating against employees for exercising these rights. Any Massachusetts resident that feels he or she has been subjected to a wrongful termination can take legal action. A successfully litigated lawsuit can provide much-needed compensation as well as reinstatement of employment in appropriate circumstances.

Source:, "Man alleges Baycare Health System terminated him in retaliation for using FMLA rights", Ma. Angelica Saylo Pilo, July 18, 2017

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