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Hiring & Firing › Retaliation › MA Supreme Judicial Court

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Proskauer - Law and the Workplace

Massachusetts Creates Exception to At-Will Employment for Employees Exercising the “Right of Rebuttal”

Proskauer - Law and the Workplace on

On December 17, 2021, the highest state court in Massachusetts held that an employer may not terminate an employee solely for exercising his right to file a rebuttal to be included in his personnel file....more

Fisher Phillips

Massachusetts Employers Must Exercise Caution: “Implicit” Domestic Violence Leave Requests Could Lead to Liability

Fisher Phillips on

The highest court in Massachusetts just ruled that employers may be subject to liability under the state’s domestic violence leave law even if employees don’t explicitly request such leave, creating a potential liability trap...more

Seyfarth Shaw LLP

Supreme Judicial Court Trebles Jury Award of Future Commissions

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Seyfarth Synopsis: In a February 12, 2020 decision, the Massachusetts Supreme Judicial Court held that future commissions a plaintiff would have earned but for her retaliatory termination were subject to trebling under the...more

Proskauer - Law and the Workplace

SJC Finds Commissions Lost Due to Retaliation Are Subject to Trebling

Proskauer - Law and the Workplace on

In a February 12, 2020 decision, Parker v. EnerNOC, Inc., SJC-12703, the Massachusetts Supreme Judicial Court held that the full commission which would have been due to an employee had she not been retaliated against and...more

Burns & Levinson LLP

Vacationing While on FMLA Leave Is Not Grounds For Termination

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Imagine, an employee in your organization advises that they need to take leave pursuant to the Family and Medical Leave Act to recover from an upcoming surgical procedure. Your organization approves the leave and then you...more

Foley Hoag LLP

Supreme Judicial Court Reinstates Jury Verdict for Former Employee on FMLA Retaliation Claim

Foley Hoag LLP on

Last week’s Massachusetts Supreme Judicial Court (SJC) decision in Esler v. Sylvia-Reardon serves as an important reminder of the potential scope of employees’ rights under the federal Family and Medical Leave Act (FMLA)....more

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