Legal Question in Discrimination Law in Massachusetts
Fired for a pregnancy related illness
About a week and a half ago, I was fired because I missed three days due to a condition called hypermesis gravidarum, a pregnancy condition related to morning sickness. I worked in a restaurant and knew that it would be unsanitary to handle food while throwing up. I was admitted overnight to the hospital and administered IV fluids and medication. I was prescribed a medication that relieved this condition and was ready to go back to work and I was fired. Is this legal? I had a doctors note excusing these days.
3 Answers from Attorneys
Re: Fired for a pregnancy related illness
The Commonwealth of Massachusetts follows the at-will employment doctrine, which essentially states that an employer can terminate his/her employee for any reason. There are four basic exceptions to this doctrine which are recognized in Massachusetts; 1) public policy, 2) breach of implied covenant of good faith and fair dealing, 3) express contract, 4) violation of federal law. Depending upon the specific facts & circumstances, federal law also prohibits most employers from firing someone because that person is pregnant, has recently given birth, or has a related medical condition.
Re: Fired for a pregnancy related illness
I tend to doubt given you are sick due to pregnancy, that your boss can fire you. There are special provisions that protect pregnant employees. If he employes more than 5 people, then you have a claim for wrongful termination. I suggest you contact an employment attorney in your area.
Re: Fired for a pregnancy related illness
It is illegal. Please note, the number of employees is irrelevant. I have been representing clients of discrimination for more than 1 years. Please feel free to contact me for a free consultation.
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