Is it considered fraud?

Short answer--"it depends". It depends on the terms of the SSDI. It depends on the terms of the employment. Consult with counsel.

I am sorry to hear about your daughter's situation. Unless she had a contract to the contrary, she can be fired for being emotional. However, if it is a proxy for discrimination on the basis of being regarded as mentally impaired, she may have a claim. She might also have a claim for retaliation relative to complaints about payroll--the Massachusetts Wage Act is very particular.

I'd suggest she consult with an attorney and/or the MCAD and Attorney General's office.

Sincerely,
Jay M. Wolman
D'Angelo & Hashem, LLC
Admitted to practice in MA, NY & DC
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