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terminated with no reason given Massachusetts

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  • terminated with no reason given Massachusetts

    I was out on short term disability from a mass company due to a back problem (not work related). They called me about 6 weeks into the STD and terminated me. I asked for a reason and got the standard "you are an employee at will and it's our right to terminate any employee at any time". I've been a good employee and have never had a problem with any of my peers. I've always gotten positive feedback from my boss for my work. Anyway, they sent me the termination paperwork. The paperwork did not state exactly who did the terminating or why. It was sort of worded vaguely such that It wasn't obvious that THEY were letting me go, and not that I just quit. I sent hr an email asking for a document in writing stating that THEY were terminating me and the reason as to why. I haven't heard back yet, but interestingle enough my boss (who is an old friend and incidently not the one that fired me) called today and told me he was getting pressure from upper management to write up a review for me, "tilted" towards some poor performance issues (in other words, make something up to make me look bad). This smells fishy to me?

  • #2
    Duplicate post. The additional detail really doesn't change anything. If you were not eligible for job-protected leave under FMLA, the employer was not obligated to hold your job. The fact that you believe that they are making up something related to performance only becomes possibly an issue IF it's false and IF it affects your ability to get another job.
    Last edited by Marketeer; 11-08-2007, 10:15 AM.
    I am not able to respond to private messages. Thanks!


    • #3
      Ma. is an at-will employment state and you can be terminated at any time for any reason not protected by law such as age, religion, gender or unless you had a bona fide employment contract or CBA to the contrary.
      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.


      • #4
        Paul, from your posts it would appear that you have heard that an employee cannot be terminated while on STD. While a sizeable portion of the general population believes that, it is not true. STD does not provide any job protection whatsoever. It is FMLA that provides job protection and as we established in your other post, you were not yet eligible for FMLA. Nothing you have posted in either thread indicates that your termination was illegal. Massachusetts law does not require that they give you a reason for the termination.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


        • #5
          terminated with no reason

          Thanks all for the information. I guess I was wondering why they would go through the trouble of writing up a "false" perfomance review 2 weeks after they fired me. That seems strange to me and made me wonder if they did something wrong during the termination process, otherwise why go through all the trouble?


          • #6
            Maybe to support a challenge to a UI claim. Maybe because the employer does not know what they are doing (many do not). An "illegal" termination is pretty much unrelated to whether a UI claim is approved or not. The vast, vast majority of sucessful UI claims are "legal" terminations.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)


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