In the case, DaPrato v. Massachusetts Water Resources Authority (MWRA), the central claim was that the MWRA terminated DaPrato in retaliation for his exercise of his right to take medical leave under the FMLA. In relevant part, the FMLA provides that ‘[i]t shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this subchapter.’ 29 U.S.C. § 2615(a)(1). It also states that an employer may not ‘discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this subchapter.’ 29 U.S.C. § 2615(a)(2). A regulation issued by the Department of Labor further states that the FMLA’s ‘prohibition against interference prohibits an employer from discriminating or retaliating against an employee . . . for having exercised or attempted to exercise FMLA rights,’ and in particular explains that ’employers cannot use the taking of FMLA leave as a negative factor in employment actions…'”
Have you been terminated by your Massachusetts employer while on medical leave, contact the Law Offices of Renee Lazar at 978-844-4095 to evaluate whether you have a claim against the employer.
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