Legal Question in Employment Law in Massachusetts

I am having continued issues with my employer which I believe are violations of my medical confidentiality and pregnancy discriniation.

This is actually a follow-up to an original Q, as the situation has grown even worse. I'm an "independent contractor" in writing only. I told my boss at the beginning of the month that I'm pregnant & will be leaving at the end of the summer. She then sent an email to my husband's boss at a different company informing them of my pregnancy & expressing concern that he will be unable to fulfill his duties now that he is an expectant father which has resulted in decreased hours. Yesterday, she terminated my position almost a month ahead of my scheduled leave date & is becoming increasingly nasty in her communication with me. She expects me to train my new replacement and then leave a month early, which I explained will create financial hardship, which she then mocked in a follow up email

I have stellar job reviews & emails praising my performance. I believe she is acting in a punitive, & discriminatory manner due to my pregnancy & is causing us hardship and stress. I would like to pursue this further but money is obviously tight. What can we do? Is fee-shifting an option? I don't want her to get away with treating us like this after all that I've done for her business but she seems intent on punishing us during what should be a joyful time in our lives.

Asked on 6/30/13, 6:10 am

1 Answer from Attorneys

Alan Meyerson Law Office of Alan D. Meyerson
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You should absolutely speak with a Massachusetts Wage & Hour attorney about the misclassification you imply in your question. If you are indeed an "independent contractor" in name only, you have been misclassified and that is actionable in Massachusetts.

To learn more about misclassification of employees as independent contractors in Massachusetts, please visit my website: http://www.masswagelawyer.com/p/misclassification.html

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Answered on 7/03/13, 10:59 am

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