Can my boss not give me the same opportunities as given to similar co-workers because I was out of work for 3 months due to a work injury?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my boss not give me the same opportunities as given to similar co-workers because I was out of work for 3 months due to a work injury?

When I asked for same opportunities as my co-workers were given, Boss responded was,

Asked on November 20, 2016 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you used FMLA leave, then to not give you the same opportunity as coworkers (assuming that you are correct and they have been given the opportunity to make more money) may be illegal retaliation; if this were the case, then you may wish to contact your state department of labor to discuss the situation--they may be able to investigate and/or take action on your behalf.. Note however that if there is a non-retaliatory reason for the differential treatment, such as you having less experience, poorer performance reviews, or there simply not being another opening like that right now (since they don't need to create or make up an opening if there is not one), that could justify the difference in treatment. Not being allowed to retaliate means only that: they can't retaliate; it doesn't mean you can't be treated differently for other reasons.
Also, only FMLA leave is protected from retaliation in this way: if you missed work for other reasons, even if the leave was approved by your employer, they could legally choose to treat you differently.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption