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Employment – Involuntary reassignment – Pretext
Where a defendant employer was awarded summary judgment on a plaintiff’s claims of discrimination and retaliation, that judgment should be affirmed because of the plaintiff’s inability to demonstrate that the employer's reasons for reassigning her were pretextual.
Employment – Retaliation – Whistleblower
Where a U.S. District Court judge ruled in favor of a defendant employer under the whistleblower protections of the False Claims Act and the Rhode Island Whistleblowers' Protection Act, the judge did not misapply Maturi v. McLaughlin Research Corp., 413 F.3d 166 (1st Cir. 2005), and did not clearly err in finding a lack of but-for causation.
Employment – Noncompete – Preliminary injunction
Where a plaintiff alleging that a former employee violated the noncompetition provisions of his employment contract has requested a preliminary injunction, that request should be granted because the nationwide scope of the restrictions placed on the defendant is reasonable.
Whistleblower charge doesn’t preempt employee’s discrimination claims
A municipal attorney who accused Revere’s city solicitor of harassment, unequal pay, Wage Act violations, and unethical conduct did not waive her claims by also filing a whistleblower suit, a U.S. District Court judge has held.
Ex-employee can bring Wage Act retaliation suit over unpaid bonuses
An investment banker could bring Wage Act retaliation claims against her former employer for actions allegedly depriving her of guaranteed bonus payments, a U.S. District Court judge has found.
AG seeks dismissal of ex-AAG’s age discrimination suit over confidentiality concerns
A former assistant attorney general has improperly fashioned an age discrimination complaint by breaching his obligation to respect client confidences and secrets, the Attorney General’s Office argues in a motion to dismiss filed recently in Hampshire Superior Court.
Employment – MCRA – Preemption
Where a defendant employer has moved to dismiss a plaintiff’s Massachusetts Civil Rights Act claim, the motion should be allowed because that claim is preempted by Chapter 151B and because the plaintiff has failed to allege cognizable threats, intimidation or coercion.
Employment – Whistleblower – Waiver
Where a plaintiff has alleged unlawful discrimination and retaliation at the Revere City Solicitor’s Office over the course of 16 years, her invasion of privacy claim (Count VIII) against the city must be dismissed, as intentional tort claims cannot be brought against public employers, but none of her other claims should be deemed waived as a consequence of her assertion of a claim (Count VI) un[...]
Employment – Title VII – Exhaustion
Where a plaintiff, alleging that her former employer discriminated against her by denying her request for a religious exemption to its mandatory COVID-19 vaccine policy and subsequently firing her for refusing the vaccine, has claimed a violation of Title VII, a violation of G.L.c. 151B and intentional infliction of emotional distress, the Title VII count must be dismissed because the plaintiff ad[...]
SJC to hear case on noncompete law’s application to non-solicitation agreements
In a case set to be argued on March 3, the Supreme Judicial Court has an important opportunity to offer a course correction on how the still relatively new Massachusetts Noncompetition Agreement Act should be applied to non-solicitation provisions, lawyers say, including one who was heavily involved in the drafting of the act.
Employment – Vaccination – Religious beliefs
Where a defendant employer has filed a motion for judgment on the pleadings seeking the dismissal of a plaintiff’s complaint asserting discrimination based on religion in violation of Title VII and G.L.c. 151B, that motion should be denied because the plaintiff employee has plausibly alleged that the beliefs preventing her from receiving the COVID-19 vaccine were religious.
AG guidance tells employers DEI policies are lawful
Private-sector efforts to foster diverse, equitable, inclusive and accessible workplaces are not illegal, and the federal government cannot prohibit such efforts through executive order, a coalition of state attorneys general said on Feb. 13.
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
