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terminated while out sick Massachusetts

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  • terminated while out sick Massachusetts

    I worked for a large employer group in Massachusetts. On Thursday 1/25/07 I went to my doctor after work and was diagnosed with pnuemonia. He told me to be out of work for at least a week. On Friday 1/26/07 I went into work and presented the doctor's note. I offered to work anyway to avoid what the company calls an 'occurance' (being out of work without giving a full 48 hour notice). I was told I had to go home because of the doctor's note. When I returned to work a week later on 2/1/07 I was told I had been terminated for an alleged performance issue that had supposedly surfaced later the same day on 1/26/07. My question is this, under Massachusetts law what should be my termination date? The company made no attempt to contact me while I ws out sick and actually required me to to have a doctor's note to return to work on 2/1/07. I showed up at work as scheduled on 2/1/07 and was told 10 minutes later that I had been terminated. The COBRA paperwork I received actually showed a term date of 1/23/07 but I had physically worked through 1/25/07. I have sent a request to have that fixed but I want to make sure the reply I get is accurate. I would think that the termination date would be the date I was notified, especially since the company required I have a note to return to work on 2/1/07 and I did show up. I'm wondering if the 3 hour rule of reporting to work also applies for 2/1/07.

    Thanks for the help and clarification.

  • #2
    Duplicate post: already answered.
    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.

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    • #3
      Thanks for the reply. Although I had posted this under the hiring and firing forum, I thought perhaps different folks might be viewing this forum and might be able to offer a different perspective here. Hope I didn't violate any rule. I'm still interested in any feedback anyone might have.

      Thanks again. This is a great website.
      mbroer
      Junior Member
      Last edited by mbroer; 02-11-2007, 01:41 PM.

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      • #4
        All the responders read all the employment law forums. You won't get different people on different forums.

        Not a big deal; just for future reference.
        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.

        Comment

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