Law and the Workplace

Tag Archives: wrongful termination

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

By Mark W. Batten and Rebecca Fishbein on Posted in Performance Management, Discipline & Termination
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. The Supreme Judicial Court found this new common law remedy is necessary to fully protect this legal right and to … Continue Reading

Massachusetts Appeals Court Weighs In On Public Policy Exception To General At-Will Employee Termination Clause

By Mark W. Batten and Makenzie D. Way on Posted in Uncategorized
The Massachusetts Appeals Court, in a slip op opinion issued on January 20, 2021, decided that at-will employees can be terminated for submitting rebuttal letters pursuant to G.L.c. 149, §52C (“Section 52C”), and cannot avail themselves of the public policy exception to the general rule that an employee at will may be terminated without cause. … Continue Reading

EEOC Takes Aim at Employers with “Voluntary” Wellness Programs Tied to Health Benefit Costs

By Katharine Parker and Kelly Anne Targett on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
On Tuesday, the EEOC commenced its second lawsuit in as many months targeting certain employer wellness programs for violating the Americans with Disabilities Act (ADA).  In both of the pending cases, employers are alleged to have maintained wellness programs that required employees to submit to medical examinations (including blood work) and to disclose medical history … Continue Reading
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