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Forcing out, denying hours, mental stress

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CCThunder

Junior Member
What is the name of your state? Massachusetts
Let me set up my question with some background information. This is about my mother-in-law who is caucasian, in her late fifties and has worked as a dental assistant to the same practice for over 30 years. The detal office has always had a couple of hygenists, a dental assistant, 1-2 dentists and a receptionist-besides the dentist it is all women around the same age. The office does not have any computers, all record keeping (financial, medical, etc.) is hand written or typed. All the employees worked regularly scheduled days, Monday through Friday, from around 8a-5p/40 hours, with a lunch hour, regular holidays off. They do not receive any medical or dental (ironically) benefits, nor do they have any retirement program. Vacation and sick days are basically unpaid leave.

I would like to figure out if my mother-in-law has any legal grounds to go after the dentist she currently works for. Reason being metal abuse, poor working conditions, denying her the oppourtunity to work and/or discrimination of any sort.

A few years ago, the dentist that started the pratice brought in another dentist to take over so that he could retire. The dentist that took over has since changed several things about the practice and caused the employees, my mother-in-law in particular, great emotional stress. He has repeatedly lost his temper and yelled at my mother-in-law and spent other days refusing to speak to her, including during patient appointments that she is assisting him with. (I seem to remember her being called "stupid" but can't say for sure) She comes home from work crying on a regular basis and has developed knee problems from the years of standing on this job as well. My mother-in-law and the other employees feel that he is changing policies, working hours and be flat out mean to them in an attempt to force them out and quit.

A couple of years back, he brought on another dentist to increase business, but after a year or so, she had had enough of him and left for another practice. The employees have asked several times for computer equipment to assist with the record keeping but the dentist has refused to buy them equipment. The employees used to go to a conference in Boston every year, but are not allowed anymore.

Over the past year, he has made several changes to the employees' work schedules, all of which have diminished their overall number of working hours per week. The changes include working on weekends and flat out limiting the number of hours each person has each week. Now with the new year he has made another change in the scheudling, which requires my mother-in-law to work something like from 8 to 10am, then leave work and come back at 3pm to 8pm several days of the week. If they refuse to work this entire shift, they are not allowed to work that day. As a result my mother-in-law can't work much because by 5 pm she is in so much pain she cannot stand anymore. So she loses these days and works something like 8-10 hours a week now.

Last week, one of the ladies (also in her late fifties) that works with my mother-in-law took a phone call at the office. It was a younger woman looking for the dentist. This woman explained that she was the new hygenist to replace the lady that answered the phone and had been hired back in November but couldn't start until this month. Also, the woman asked if the computer that she requested, that the dentist ordered, for the office had arrived yet.

So in a nut shell, they are all on pins and needles waiting for their time to be cut more or to be fired and go home crying more days than not. Is there any type of action that I can look into for my mother-in-law. any suggestions are greatly appreciated. thank you for your time. Chris.



I have also been told that 2 years ago, he had a run in with the law for drugs-writing and using prescriptions himself. I don't know the exact truth to that, but maybe it makes a difference.
 


Your post is long, but I did read all of it, but I apologize if I have missed something. However, from what you post I don't see anything illegal happening.

He is free to change the work hours - even unreasonably. He is free to make them work without technology/computers. He is free to hire someone before he lets the person they are to replace know they are being replaced. He is even free to yell and scream and act like a moron. Being a jerk isn't illegal.

Unless the harassment is based on your mother-in-law's entry in a protected class (her age, race, gender, religion, etc.), it's not illegal harassment. And based on the evidence that this dentist apparently treats all of the employees like a jerk proves more than it disproves that this "harassment" is not based on a protected factor.

Heck...he even "lied" to the newly-hired person because he seems to have "promised" her a computer he has no intention of getting.

Your MIL is in an unfortunate position, but I don't see any legal recourse for her or her coworkers. As I said, being a jerk isn't illegal.

If I missed something, someone will come by soon and correct me. ;)
 

cbg

I'm a Northern Girl
For the record, it would appear that the dentist is very poor in management skills and knows very little about how to handle his employees.

However, nothing you have posted gives your mother-in-law any clear cause to take legal action of any sort.

It is not illegal to be a jerk. Nothing in either Federal nor Massachusetts law requires an employer to provide medical benefits, dental benefits, vacation time or sick pay. It is not illegal to shout at your employees. The law does not require that an employer provide the equipment the employees ask for, even if it would make them more efficient. The law does not require that he continue to allow them to go to the conference in Boston. It is not illegal to change shifts, reduce hours, or require split shifts. The fact that the woman who called is younger does NOT automatically mean that she was hired BECAUSE OF her age. Since no computer has arrived, it is possible that he is not planning to provide her with a computer either, but it would not be illegal if he has changed his mind.

For a discrimination suit, they need some kind of evidence that they are being treated this way BECAUSE OF their age, and not because (a) he's a jerk; (b) he doesn't like them personally; (c) he wants to hire people he has worked with before (which is ENTIRELY legal); (d) he is dissatisfied with their performance, EVEN IF their performance would be improved by the computer he refuses to buy and EVEN IF he has never told them he is dissatisfied with their performance. In addition, none of them can file any kind of discrimination suit with the Federal government even if they have proof positive of age discrimination because discrimination laws do not kick in until the employer has 15 employees. IF they feel they have some kind of evidence that their age is a factor (again, the fact that the woman who called saying she has been hired is NOT sufficient evidence by itself) they can file a complaint with MCAD at the state level, as long as he has six or more employees. If he has less than six employees, they are SOL.

The only other possibility I can think of for your mother-in-law is also limited to the state level and dependent on his having six employees. IF her knee problems are sufficient to qualify for protection under the Americans with Disabilities Act (although she cannot file a claim of ADA violation due to his having less than 15 employees, MA uses the Federal definition) then she MIGHT be entitled to a reasonable accomodation to allow her to fulfil her job. However, please note that even if this proves to be the case, that does NOT mean that he would have to eliminate split shifts or give her the hours she wants - it could be as simple as allowing her to sit occasionally.

I wish her well. He sounds like hell to work for, but so far he does seem to have stayed on the right side of the law, even if his management of employees leaves much to be desired.
 

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