I have been on maternity leave and was returning this week. we have 6 workers there and doctor called to terminate me, can they?

Asked over 1 year ago - Haverhill, MA

I was on Maternity leave from a small business with 6 people working there and they hired a replacement that I trained for about 1 wk before i went on my leave. The Doctor called me this past Monday stating that they are reducing my hrs to only 1-2 days a wk and now they are stating that they will be terminating me..By law can they do that and do I have any grounds to Sue them?

Attorney answers (3)

  1. Cheri L Crow

    Pro

    Contributor Level 9

    6

    Lawyers agree

    Answered . Based on the facts you describe, it sounds like you have a good claim for discrimination. The law provides you protection since there are 6 employees and where they are replacing you with someone as opposed to eliminating or reducing your position, you have stated facts that give you a claim. You should consult with an employment lawyer to pursue this.

  2. William T Harrington

    Contributor Level 14

    5

    Lawyers agree

    Answered . How long were you out for? Were you planning on returning on the date you had agreed to return. You likely have a claim but you need to discuss this with an employment attorney.

  3. Meghan Hayes Slack

    Contributor Level 16

    3

    Lawyers agree

    Answered . Your employer may have violated the Massachusetts Maternity Leave Act.

    http://www.mass.gov/mcad/maternity1.html#2

    You have 300 days from the date of termination to file a complaint with the Massachusetts Commission Against Discrimination, however, it is best that you act quickly. Find a local employment attorney who can review the circumstances of your employment, leave and termination and advise you about your best course of action.

    You can find an attorney by searching Avvo or contact the Massachusetts Employment Lawyers Association for a referral.

    Good luck.

    This answer is provided for guidance only. DO NOT rely on it as legal advice. We DO NOT have an attorney-client... more

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