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Fired in Massachusetts Massachusetts

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  • Fired in Massachusetts Massachusetts

    I was fired this week because while I was out on Short Term Disability two months ago I left the state for three nights to visit some friends. How is this legal? The company says I misrepresented myself and that I was not disabled!! I was under a doctor's care and have a past history with this illnesss( I actually collected ssdi for a few years). What can I do if anything?

  • #2
    Without understanding the details, it is tough to answer.

    However, if I had an employee that was so bed ridden that they couldn't work and was pulling disability and then found out that employee was okay to go out partying, I would have fired you too.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

    Comment


    • #3
      If a doctor says to take time off does that actually mean that you can take time off? or does the employer have the final say?

      Comment


      • #4
        A doctor's note does not have the force of law.

        Doctor's think it does, but it doesn't.
        Not everything that makes you mad, sad or uncomfortable is legally actionable.

        I am not now nor ever was an attorney.

        Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

        Comment


        • #5
          So an employer can fire you for being on STD because they didn't think you were disabled? Even with documentation that proves otherwise?

          Comment


          • #6
            When your out on disability are you just supposed to lay in bed and do nothing? It seems like a huge grey area! I'm guessing there has been many cases that have gone to the courts. Whose to say that you can't leave your house or go away on vacation if you are on disability?

            Comment


            • #7
              I am also confused about one other thing. My employer requires us to go to STD after 7 days. The first 7 days of absence are FMLA and paid. After that we have to call STD. Why do I have to go to STD? I had the hours for FMLA.

              Comment


              • #8
                Cyjeff,

                Your signature states that you are not an attorney now nor ever was an attorney..

                It would be nice if you would not ACT like an attorney......

                Employers SHOULD NOT break the law by terminating an employee while on APPROVED leave...or otherwise they will be facing the LAW.

                Beth


                "A doctor's note does not have the force of law.

                Doctor's think it does, but it doesn't.
                __________________
                I am not now nor ever was an attorney"
                Last edited by whatamess; 10-27-2007, 08:33 PM.
                Beth,
                Legal Assistant
                Workers Compensation Specialist

                Comment


                • #9
                  Originally posted by whatamess View Post
                  Employers SHOULD NOT break the law by terminating an employee while on APPROVED leave...or otherwise they will be facing the LAW.
                  I'm not positive he was terminated while on leave - said he was fired this wk. because while out on disability 2 mos. ago he left the state. . .

                  Also, see http://www.laborlawtalk.com/showthread.php?t=180491. (thread from 10-10 - suspended, possible termination for going on vac. while on disability leave. He indicated his union was going to fight this tooth & nail for him - union employee)
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment


                  • #10
                    Originally posted by Betty3 View Post
                    I'm not positive he was terminated while on leave - said he was fired this wk. because while out on disability 2 mos. ago he left the state. . .

                    Also, see http://www.laborlawtalk.com/showthread.php?t=180491. (thread from 10-10 - suspended, possible termination for going on vac. while on disability leave. He indicated his union was going to fight this tooth & nail for him - union employee)
                    Great save there Betty3, thanks I did not realize similiar post was previously submitted...I am following it now.

                    I interpreted the OP to say he had been on disability for two months...ugh I apologize...
                    Last edited by whatamess; 10-27-2007, 09:17 PM.
                    Beth,
                    Legal Assistant
                    Workers Compensation Specialist

                    Comment


                    • #11
                      We really need a smile that appauls..Betty3 surely would be entitled to that tonight....

                      I guess you can say his post appears that way but I will accept that I misread it lol....good catch though!


                      Originally posted by joec
                      That because the post appears that way. Betty3 how did you remeber the poster from 3 weeks ago ? I remember it now,after I read it.
                      JoeC
                      Beth,
                      Legal Assistant
                      Workers Compensation Specialist

                      Comment


                      • #12
                        Originally posted by whatamess View Post
                        Cyjeff,

                        Your signature states that you are not an attorney now nor ever was an attorney..

                        It would be nice if you would not ACT like an attorney......

                        Employers SHOULD NOT break the law by terminating an employee while on APPROVED leave...or otherwise they will be facing the LAW.

                        Beth


                        "A doctor's note does not have the force of law.

                        Doctor's think it does, but it doesn't.
                        __________________
                        I am not now nor ever was an attorney"
                        Just an FYI: You can be terminated while on STD. You can be terminated while on FMLA. You CANNOT be terminated BECAUSE you're on FMLA.

                        I remembered the previous post as well. This sounded way too familiar.
                        Please no private messages about your situation.

                        Comment


                        • #13
                          Thanks for the responses and sorry for the confusion!! I originally posted when I got suspended but now I'm officially fired. I figured I'd post again to get some more opinions.

                          I just can't believe that I actually got fired for this.

                          I'll try to clear up the confusion JoeC. The union will now move to the grievance procedure and I'm guessing will show my employer all my doctor's notes and try to make a deal. If not then we'll go to arbitration.

                          Also, we don't have sick days so in our union contract we have to call our manager if sick and tell them when we'll be back. It goes under FMLA for that time and if longer than seven days it goes to STD. We do get paid for that FMLA week though. It is very odd language!! I don't know why they don't just give us sick days?

                          So do you think I have a case or what?

                          Comment


                          • #14
                            You've previously been approved for FMLA?

                            Just for clarification, FMLA is job protected leave. STD is simply income replacement. If your STD waiting period is 7 days, that just means that, starting on the 8th day, you are getting paid during your FMLA leave, but you are STILL on FMLA. They run at the same time; STD does not replace FMLA. And, you don't want it to replace FMLA, since FMLA protects your job, while STD gives you a paycheck while you're out.
                            Please no private messages about your situation.

                            Comment


                            • #15
                              Hi Moburkes. Thanks for the response. If that is true then I should have never been terminated because both my FMLA absences were approved. The first three weeks from July 5 to July 29 and Aug 6 to Aug 10. These were all approved. My doctor filled out the FMLA forms and I got approval letters from the company or whoever deals with it. I must have a stronge case then.

                              Comment

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