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Suit claims paralegal axed 24 minutes after complaining about attorney
A paralegal in a recently filed employment discrimination suit says she was fired from the Boston office of Morgan & Morgan less than 30 minutes after she complained to firm leaders and HR about her supervising attorney’s behavior.
Employment – Retaliation – First Amendment
Where the defendant city of Boston has moved to dismiss a complaint filed by a plaintiff who was suspended without pay and then fired, the city’s motion should be denied with respect to the plaintiff’ First Amendment retaliation claim, as her statements to the police about a potentially inappropriate workplace relationship she had with a high-ranking city official plausibly amounts to protecte[...]
In state’s first PFMLA verdict, employee wins $4.75M against Wayfair
A Suffolk Superior Court jury awarded $4.75M in a PFMLA retaliation case against Wayfair, highlighting the strict burden on employers under the paid leave law.
Arbitration – Employment agreements
Where three defendants have moved to compel arbitration, their motion should be allowed on the basis of an arbitration provision in their employment agreements.
Federal judge tosses SOX whistleblower retaliation claim
A federal judge granted summary judgment to Salesforce in a Sarbanes-Oxley whistleblower retaliation claim by a former executive in Massachusetts.
Retirement – Creditable service – Teacher
Where the Massachusetts Teachers’ Retirement System decided that a petitioner was not entitled to purchase creditable service for some of his out-of-state teaching in Rhode Island, that decision should be affirmed because the petitioner is not entitled to “a double retirement benefit” from two retirement systems.
Employment – Constructive discharge
Where a defendant employer has filed a motion to dismiss, that motion should be denied because (1) the plaintiff’s failure to promote claim and his disparate pay claim are not untimely and (2) there is a plausible showing of a constructive discharge.
New DOL joint employer rule sparks split among attorneys
A proposed U.S. Department of Labor joint employer rule under the Fair Labor Standards Act has prompted sharp debate between employer- and employee-side attorneys.
Employment – Overtime – Administrative exemption
Where a plaintiff has alleged a failure to pay overtime in violation of G.L.c. 151, §1B, the defendant employer’s motion for summary judgment should be allowed in part and denied in part, as the defendant appropriately classified the plaintiff as exempt from July 14, 2018, until June 2020, but a jury question exists regarding the applicability of the administrative exemption from June 2020 unti[...]
Retirement – Purchase of service – Invoice
Where a petitioner failed to timely pay her invoice in 2011 when she applied to purchase her contract service, a decision by the State Board of Retirement denying her request to reopen her contract service bill should be upheld because the petitioner had an opportunity to purchase her service and did not do so in a timely manner.
Retirement – Prior service
Where the State Board of Retirement denied a petitioner’s application to purchase his part-time 1982-1992 contract service, the board acted correctly, as the relevant contract service “preceded a period of membership service for which [he] took a refund” and therefore cannot be purchased.
Employment – Whistleblower – Sarbanes-Oxley Act
Where a defendant employer has moved for summary judgment on a plaintiff’s claim of retaliation in violation of the whistleblower protection provision of the Sarbanes-Oxley Act (18 U.S.C. §1514A), that motion should be allowed because the plaintiff did not do enough to give the defendant reason to suspect that he was engaging in protected activity.
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
