Our employment practice is limited to representing employees with disabilities or those who have invoked their rights to leave under the Family Medical Leave Act.

Problems that arise in the course of employment are rarely easy to deal with for employees, especially when they arise because the employee or a family member has an illness or disability.

One of the ways many people define themselves is by what they do for a living. In addition, their job is often the sole source of primary income for an employee. Therefore it comes as no surprise that when there is a serious legal problem at work, it can often leave an employee feeling vulnerable and powerless.

We provide competent, effective and efficient legal counsel to employees with disabilities or those who are perceived as having disabilities. Knowledge is power and our goal is to ensure that an employee has the rights tools, and knows all available options, to make the best decision for any situation he or she may find themselves in.

Family Medical Leave Act | Pregnancy Leave Discrimination | Employee Benefits

Family Medical Leave Act

Under the Family Medical Leave Act, certain employees may be able to have up to 12 weeks of unpaid leave to care for a new child, for serious illness of the employee, or a serious illness of the employee's family member.

An employer cannot discriminate against an employee because they have invoked their rights under the Act. They cannot be intimidated into not taking the leave, nor told “if you take the leave, you will lose your job.” This same rule of thumb applies when an employee returns from leave. They cannot be ostracized, or discriminated against simply because they involved a federally protected right.

If you believe your rights under the FMLA have been violated, you should contact us immediately.

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Pregnancy Discrimination and Leave

Discrimination based on pregnancy is illegal under both the Massachusetts law and the Federal Title VII laws. This includes discrimination based on pregnancy, childbirth or related medical conditions.

Employers have a number of responsibilities to employees who become pregnant. For instance, if a woman becomes pregnant, and upon her doctor's advice requires an accommodation, the employer must give her that accommodation so long as it is not "unduly burdened." And employer is also not permitted to retaliate against an employee who requires pregnancy leave. This includes demoting, or chiding them for not being able to do the same work load as employees who have not been absent due to pregnancy.

If you believe your rights have been violated, you should contact us immediately.

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Employee Benefits

Most employee benefit plans are governed by a complex federal law known as the Employment Retirement Income Security Act of 1974 or ERISA. Employee benefit plans of most non-government employees are covered by this law. These plans include health plans, disability plans, pension, certain early stock option purchase plans (ESOPs), among many others.

If you believe that a claim has been denied under a particular employee benefit plan, it is extremely important that you seek legal counsel immediately. Experience has taught us that the earlier counsel is involved, the greater the potential for a positive result. There is no consistent time frame to address these issues - as they often vary from plan to plan. Prompt action and attention can diminish the likelihood of problems later on.

Further it is also a violation of that same law for an employer to fire an employee so as to avoid paying you an employee benefit you have earned or are about to earn.

If you have a problem getting the employee benefits you are entitled to, contact us.

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