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Michael Rosen, representing Microsystems spoke with the department of Labor. According to a report from the Department of Labor, "Mike Rosen said that even tho[sic] the ER never said, "FMLA",..." This in direct violation of 29 CFR 825.301. This requires the employer to provide written guidance to an employee concerning all the employee's rights and obligations under the FMLA. Rosen's firm, Foley Hoag, and Eliot even recognized this in one of their advisories.

MSI refused to reinstate me to my position as requested by the Department of Labor. Since MSI had refused their request, the Department of Labor advised me to file suit against MSI. This will be done in the near future.

Microsystems Software claims that the medical documentation was vague. They did not bother to pick up the telephone and call the doctor. The FMLA provides a mechanism to clarify any dispute or inadequacy of medical documentation in 29 CFR 825.307.If Microsystems really had any doubt, then why did they not follow the law? It would have only taken a local phone call.

In papers filed by representatives of Microsystems Software with The Commonwealth of Massachusetts Department of Industrial Accidents: filed with the workmen compensation board: Microsystems Software admits that I was totally disabled when they fired me!

  • MSI never disputed that I was totally disabled at the time that they had fired me.
  • MSI never disputed the necessity of the time off for the medical treatment that I received.
  • MSI never disputed any medical information that they were provided with.
  • MSI never provided any medical evidence showing I was not disabled.
  • MSI never disputed the appropriateness of the treatment.
  • MSI disputed the causal relationship of my disability, whether the injury is from work.
  • MSI disputed the amount of continuing disability.

These admissions, lack of denials, came from a settlement of the Workers' Compensation with MSI which was approved by the judge.


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