October 30th, 2012, 1:03 pm
Many people have a fear of loosing their job in this economy, where it seems there is always someone else who is willing to do your job for less money. However, even though under Massachusetts law, you can be terminated for any reason, it must not be a discriminatory reason. Whether your employer can take any adverse action against you for asserting a right based upon your medical needs depends upon some additional facts.
Massachusetts law holds that you can be fired for no reason or any reason, so long as it is not an unlawful (discriminatory) reason. If you simply did not call or talk to your employer for 3 days, then your rights are diminished. However, if you called out sick, and explained your situation, it could be argued that you made a reasonable accommodation request based upon a temporary handicap and your employer may be subject to the anti discrimination laws, more specifically, Massachusetts General Laws, Chapter151B and the Federal Americans with Disabilities Act 42 U.S.C. § 12111
If your employer does fire you or take any adverse or hostile action, you should at least consult with an employment law attorney in your state who can ask you the important questions to determine what rights if any you may have.
The foregoing post was written by Michael Goldstein, Esquire of the Law Office of Goldstein and Clegg
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