At will, wrongfully terminated???

[dj5601]

What is the name of your state? Massachusetts

Yesterday, I received a call from HR at the company that I work for. I was told that the company was not satisfied with my performance and that they were letting me go. I told them that I didnt think that they could do that, due to the fact that I was out of work due to a leg injury and had a note from an orthopedic surgeon that I could not work. I was told that it didnt matter, that I was an at will employee and that termination could come at any time and for any reason. I was then sent a packet of papers to sign with an agreement that the company would not contest my unemployment if I would sign these papers stating that I would never talk about this agreement. I am waiting for a lawyer to return my call. I see that there are alot of intelluctual people on here with a lot of knowledge. Any chance of my winning this case if it goes to court or will I be stuck signing these papers for hush money????

Thanks.

 

[Beth3]

Being off work due to a medical problem and/or having a note from the doctor does not provide protections from decisions an employer would make regardless of your medical status.

Beyond that, we don't have near enough information to offer an opinion about whether the employer violated any laws. For example:

1. Has your performance legitimately been not up to par?
2. Are you on FMLA leave?
3. How long have you been off work?
4. Is this a work related injury?
5. What exactly does this agreement say other than that they won't contest UC benefits (generous of them since you're not eligible anyway, at least at present) and you won't discuss the agreement?
6. Would the employer have taken this step even if you were actively at work?

 

[dj5601]

No write ups

Massachusetts

I have not had any write ups, perfomance reviews or disciplinary actions taken since I started the positions. I have had only positive comments made to me by several co workers.

I did not injure my leg at work, but at my home. I have a note for physical therapy for 4-6 weeks. I told the HR that after one week of therapy that I would call the doctor and see if I could return to work with restrictions. I need to keep my insurance going for PT.

Basically the only other thing the papers stated was that I am not able to talk to anyone about the agreement, can not go back on the company for anything in the future, and that if I sign they will continue my insurance until the end of this month and make half on my payment to COBRA for the month of June.

At this time I am not able to collect UC due to the fact that I am not released from the doctor as of yet.

One more thing: I found out that another co-worker was let go last week. The reason she was given was that because the found her resume on a job seeking website and figured that since she had it posted that she was already getting ready to leave the company. The funny thing is: Mine was posted on the same site and HR came down to ask me why it was on there. Since that time, even though I told them that I was not looking for other employment and that I keep my resume updated on this site, things with corp. seemed strained.

My DM was let go 2 weeks before me for no reason at all. I believe that he was sent a packet of papers as well, although I cannot comfirm this due to the fact that we are not speaking because of the company.

 

[Beth3]

"I have not had any write ups, perfomance reviews or disciplinary actions taken since I started the positions. I have had only positive comments made to me by several co workers." That doesn't mean that your employer was pleased with your job performance. Additionally, your co-worker's comments don't count. They're not the ones evaluating your performance.

"I did not injure my leg at work, but at my home. I have a note for physical therapy for 4-6 weeks. I told the HR that after one week of therapy that I would call the doctor and see if I could return to work with restrictions."
That still doesn't tell us anything about whether your leave fell under the FMLA. If you don't know, then answer these questions: 1. How long have you worked there? 2. How many employees do they have?

"Basically the only other thing the papers stated was that I am not able to talk to anyone about the agreement, can not go back on the company for anything in the future, and that if I sign they will continue my insurance until the end of this month and make half on my payment to COBRA for the month of June." That's unusual but legal.

"At this time I am not able to collect UC due to the fact that I am not released from the doctor as of yet." Yup.

"One more thing: I found out that another co-worker was let go last week. The reason she was given was that because the found her resume on a job seeking website and figured that since she had it posted that she was already getting ready to leave the company. The funny thing is: Mine was posted on the same site and HR came down to ask me why it was on there. Since that time, even though I told them that I was not looking for other employment and that I keep my resume updated on this site, things with corp. seemed strained" Completely irrelevant except that if they also let you go because they saw your resume posted on a job seeking site, it's completely legal.

"My DM was let go 2 weeks before me for no reason at all. I believe that he was sent a packet of papers as well, although I cannot comfirm this due to the fact that we are not speaking because of the company." Sounds like the employer is "cleaning house" in that business unit. Perfectly legal.

 

[dj5601]

No fmla

Unfortunately, I have only worked there since November, and if my memory serves me correctly, it is either 12 months or 1250 hours of employment to qualify for FMLA. I appreciate your honesty and helpfulness through this matter. As of Monday I will be calling unemployment to qualify for benefits. I suppose a little something is better than a whole lot of nothing.

 

[cbg]

Massachusetts has no state-mandated leave requirement - or more accurately, Massachusetts' ONLY state-mandate leave requirement applies SOLELY to pregnancy. If FMLA does not apply, then it is not even remotely illegal for your employer to terminate you while you are on medical leave, regardless of whether you have a doctor's note or not. The widely held belief that an employee on medical disability and/or one who has a doctor's note CANNOT be fired is a fallacy.

Edited to include the following:

1.) BTW, the requirements for FMLA are as follows: (a) employer has a minimum of 50 employees within a 75 mile radius AND (b) employee has worked a minimum of 12 months AND (c) employee has worked a minimum of 1,250 hours within the last 12 months. It's not 12 months OR 1,250 hours; it's 12 months AND 1,250 hours.

2.) By all means contact unemployment; however, if you are still unable to work you will not receive it until you are able to work. MA, like most if not all states, requires that you be able to work, available for work and actively looking for work in order to be eligible for benefits. If you are medically unable to work, you are not eligible for unemployment until you are.