Former Concord Employee Files Suit Against Town, Town Manager

CONCORD, MA—A former Town of Concord employee is alleging retaliation against her regarding a request for leave under the Family and Medical Leave Act(FMLA), and has filed a lawsuit against the town, Town Manager Chris Whelan and Assistant Town Manager Kate Hodges.

According to court documents obtained by Patch originally filed on April 1, a civil complaint filed by Pamela Higgins alleges that the town fired her just one month after applying for FMLA leave due to her husband's lung cancer treatments. The court documents also indicate that Higgins alleges that the town manufactured performance issues leading to her termination.

Higgins' attorney Joseph Sulman was not immediately available for comment.

According to the civil complaint, Higgins had never been disciplined in her 27-year career with the town. The complaint also alleges that she was forced to sign a Last Chance Agreement which allowed her to be terminated at will. The complaint also accuses the town of concocting a breach of that agreement leading to her termination.

Town Manager Chris Whelan was not available for comment, but Assistant Town Manager Kate Hodges said that the town never denies rights under the FMLA, and said that the situation was "unfortunate."

"We regularly go above and beyond what is required by law," Hodges told Patch."We have a number of people who have been or are using FMLA leave and we take that right of our employees very seriously."

Hodges would not comment further due to the pending case. 

According to the complaint, Higgins is seeking damages for lost wages, emotional stress, attorneys' fees, and punitive damages allowed by law.