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Mass Wage Act Retaliation
Where a former employee sued for an unpaid commission, the case on the commission was dismissed, but the claim of being fired in retaliation for making a claim was allowed to continue. WHY THIS IS IMPORTANT… The wage act, like most worker protection laws, penalizes retaliation against workers for seeking protection under the law. The company argued that because the wage act claim was dismissed, the related retaliation claim should be dismissed as well. The court denied the

Paul Peter Nicolai
Sep 151 min read


Retaliation Case Does Not Require Ill-Will
An employer was deemed liable for retaliating against a worker by suspending and transferring him after he reported unlawful harassment. A lack of hostility, animosity, or ill intent was irrelevant. WHY THIS IS IMPORTANT…The MCAD found that transferring an employee on the same day he formally complained about being threatened and called a slur is reasonably experienced by a victim as punitive and has the effect of dissuading an employee from coming forward with a complaint

Paul Peter Nicolai
Mar 11, 20251 min read


Employer’s Secret Computer Search Is Unlawful Retaliation
A federal court of appeals has held that a forensic search of an employee’s work computer could constitute unlawful retaliation for an...

Paul Peter Nicolai
Nov 15, 20222 min read
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