Category Archives: Retaliation

All or Nothing: Arbitration Provision in Employee Handbook Unenforceable

Last month, a Massachusetts federal district court found an arbitration dispute resolution policy in an employee handbook unenforceable.  Victoria Domenichetti received an employee handbook on her first day at The Salter School, LLC, which articulated various company policies.  One of … Continue reading

Posted in Labor and Employment, Retaliation | Tagged , , | Comments Off

Insubordination or ADA-Protected Conduct One Too Many Times?

Katherine Kelley, a nurse at Correctional Medical Services, Inc. (CMS), was terminated for insubordination after refusing an assignment she felt she was not physically able to do while recovering from a serious injury.  Kelley subsequently filed a claim under the … Continue reading

Posted in ADA, Labor and Employment, Retaliation | Tagged , , , | Comments Off

Timing is Everything!

Timing of a disciplinary or adverse action against an employee is important in avoiding litigation.  If an adverse employment action is on the heels of an employee’s engagement in a protected activity (such as filing a claim with the MCAD), … Continue reading

Posted in Discrimination, Emotional Distress, Retaliation | Comments Off

MCAD Awards One of the Largest Emotional Distress Recoveries in Its History

The Massachusetts Commission Against Discrimination hit Office Max with $300,000 in emotional distress damages in a recent retaliation case.  Office Max claimed that the Complainant, a 13 year employee of Office Max, was terminated due to insufficient sales numbers and … Continue reading

Posted in Discrimination, Emotional Distress, Retaliation, Termination | Tagged , , , , , , , | Comments Off