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legalgems, Lawyer
Category: Employment Law
Satisfied Customers: 7036
Experience:  Just Answer consultant at Self employed
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I was let go from my place of unemployment work, and

Customer Question

I was let go from my place of unemployment for missing work, and apparently for making mistakes. My concern is on the missing work. I am always at work even during my lunch hour and take time out of my lunch to answer questions, phones, etc. The times I take off my work is when I get horrible migraines, doctor appointments. The migraines are a full day. The doctor appointments are at end of day. The last hour and I use my sick time for them. I have some upcoming vacation requests that I put in for future month. My co-worker is always not at work and comes in late all of the time due to his children and no babysitter. No action is taken against him.
Submitted: 4 months ago.
Category: Employment Law
Expert:  legalgems replied 4 months ago.

I am very sorry to hear this; can you tell me if there was any documentation of any work that was not done satisfactorily?

Customer: replied 4 months ago.
No I was just told there was a file but not shown this file and it was created by my male co worker
Expert:  legalgems replied 4 months ago.

While MA is an at will state, an employer cannot fire an employee for an illegal reason. An at will employee can be fired for any reason that is not illegal.

Generally, absences even for illnesses are not covered unless they are protected by the Family and Medical Leave Act, the American with Disabilities Act, worker's comp, or state law. A serious illness can include an illness that lasts longer than 3 days and requires ongoing medical care.

Otherwise an employee may fire someone without cause. They will normally provide "warnings" and document incidents to help eliminate the chance of a lawsuit, particularly if a person is in a protected category.

If the employer made comments stating a person is doing a great job, that they can work there as long as they want - then it can be argued that there was an implied contract, and that can be enforced.

These are the protected classes: race, color, religious creed, national origin, sex, sexual orientation, handicap (if qualified for the job), age (age 40 or greater), genetic information, or ancestry.

So if any of those apply it is easier to make a claim for wrongful termination if there is insufficient evidence to support a discharge.

Expert:  legalgems replied 4 months ago.

Some information to review: (ie if a person is vocal re; employee policies/treatment that can be a retaliatory discharge issue)

kindly rate positively if no further questions! thank you.

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