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?

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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 4 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.


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