[MA] Can being placed on a performance improvement plan after a medical illness be illegal retaliation?

MA Employment

Seth

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Based on your situation, several Massachusetts employment law theories may support your case. Actions taken against you due to a medical condition or protected status could constitute discrimination or retaliation under laws like the FMLA (29 U.S. Code § 2615) and ADA (42 U.S. Code § 12112), as well as Massachusetts' own anti-discrimination statute, M.G.L. c. 151B, § 4, which prohibits disability discrimination and retaliation, and the Massachusetts Paid Family and Medical Leave law, M.G.L. c. 175M, which protects employees from retaliation for using or requesting medical leave. Although Massachusetts is an at-will state, termination based on illegal reasons such as discrimination or retaliation may qualify as wrongful termination. And while performance improvement plans are generally lawful, if a PIP is unfair or unattainable, it may be viewed as a pretext for termination. Let me know if you have any questions or clarifications.

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I have an employment-related question and am based in MA. I am being targeted and quietly fired after almost four years.

Lexi, Chatbot

I'm sorry to hear that you're experiencing this difficult situation at work. Can you tell me more about the specific actions or behaviors you've noticed that make you feel targeted?

I had a good evaluation in February, maybe even March. I got sick in the middle of March for several weeks, am still sick and working through it, and they are telling me I cannot take advantage of known benefits to deal with my health. They took one of my deals and gave it to a coworker, and now they just put me on a performance improvement plan.

Lexi, Chatbot

Have you documented any incidents or communications related to this situation?

Yes.

Lexi, Chatbot

Is there anything else the Employment Lawyer should know before I connect you? Rest assured they'll be able to help with your quiet firing.

No.

Seth

Hi there! My name is Seth, and I am a licensed attorney. Please know that my responses are for general information only and do not constitute legal advice. I understand you're dealing with a situation where you feel targeted and quietly fired after almost four years, especially after being put on a performance improvement plan. Have you considered any specific steps to address this situation?

Seth

Have you noticed any patterns or specific incidents that seem to indicate you're being targeted at work?

Yes, 100%. Basically, a new manager has come on board. I got sick while traveling for work last month and am working through the medical situation now. I fell behind, and they are stacking items against me. Mind you, in almost four years I had no issues at all. Now, all of a sudden, I am on an unobtainable PIP, excluding what will arguably be the largest deal our team has seen. This kicked off literally three hours after we were told we were the vendor of choice.

Seth

I'm sorry to hear about the situation you're facing. Could you tell me if you've had any discussions with HR or your manager about the PIP and the reasons behind it?

Yes, this would be a lot easier with a phone call. HR has not been involved. Like I said, I got sick a month ago.

Seth

Here's what you can consider doing in your situation:
Document everything: Keep detailed records of emails, interactions, PIP terms, and communications about your illness.
Review policies: Check your handbook for rules on PIPs, medical leave, and discrimination.
Consult HR: Raise concerns about the timeline and feasibility of the PIP.
Consider filing a complaint: Report potential discrimination to the MCAD or EEOC.
Please let me know if you have further questions. Quick heads up: I have to step away for the remainder of the day. If you have any follow-up questions, please ask here and I will respond once I return. Otherwise, if you are all set, simply reply "all-set" and I will close this out.

Seth

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