EMPLOYMENT LAW
Employment law may encompass a variety of issues surrounding the relationship between employee and employer such as wrongful termination, whistleblower termination, non-payment of wages, salaries or commissions, unlawful non-compete agreements, and discrimination in the workplace.
In Massachusetts, employees who work without a written contract for a specific time period are considered “at will” employees. This term means that either the employee or the employer may terminate the employment relationship for just cause or totally without cause. Nevertheless, if the employer terminates the relationship, the employee may have certain rights under the law, such as claims of discrimination. It is always advisable to discuss the particular facts of your case with a competent attorney before taking an action against your employer or making allegations of discrimination.
Employees who are members of a “protected class” may bring a charge of discrimination against their employer for practices which discriminate on the basis of race, national origin, religion, gender, age (over 40), sexual preference, disability or if the employer retaliates against them for complaining of discriminatory practices.
FILE YOUR CLAIM
You must file a claim within three hundred (300) days of the employer’s alleged discriminatory conduct at the Massachusetts Commission Against Discrimination (MCAD) or with the Federal Equal Employment Opportunity Commission (EEOC). Failure to properly and timely file a Charge of Discrimination within the times specified may invalidate your claim and bar you from any remedy or recovery.
EMPLOYER'S CONDUCT
An employer may discriminate against an employee several ways. The most common form of employment discrimination is
the creation of a hostile work environment. Often this is evident by the way a supervisor, or another employee with the knowledge of the supervisor, harasses the employee or negatively treats the employee differently from other employees who are not members of the employee’s protected class. There is also quid pro quo discrimination usually associated with sexual harassment claims where the employee is asked to provide some sort of favor (sexual or otherwise) in exchange for a promotion or other employment related benefit but is later denied for failure to comply. These are merely illustrations of discrimination but you should discuss the specific facts of your particular case with an attorney to determine whether or not there is a basis for a claim.
ADVISING THE EMPLOYER
If you feel you are being discriminated against at work, you should advise your employer that you believe his/her conduct is discriminatory and provide the employer an opportunity to mediate or address the discriminatory conduct. Please be aware that it is also illegal for an employer to retaliate against an employee for complaining about alleged discriminatory conduct.
REMEDIES
If an employer is found to be liable for unlawful discrimination against an employee the damages may include:
- Compensatory Damages (back pay and lost wages/benefits)
- Future Pay (available where the termination was illegal and the circumstances make it impossible and unreasonable for you to mitigate you damages [see Mitigating Damage below] by finding substitute employment).
- Emotional Distress Damages
- Punitive Damages (where the conduct of the employer is clearly intentional and the jury decides the best manner to deter future acts of discrimination is by awarding monetary damages)
- Attorneys Fees and Cost
MITIGATING DAMAGE
If you have been terminated (or constructively terminated) you have an obligation to actively look for and find suitable replacement employment and to file and collect unemployment benefits if you are entitled to them. These forms of compensation may be used to offset the compensatory damages you have suffered and your failure to find alternative forms of compensation may diminish or eliminate your ability to recover for your losses.
CONSTRUCTIVE TERMINATION
In some instances the employer has not terminated the employee but has made working in the position intolerable. If the actions of the employer are directly linked to discriminatory conduct then the employee’s “quitting” the job may be actionable as well.
These are just examples of legal issues which arise for employees in their employment. If you feel you have been the victim of employment discrimination or would like to discuss the harassing conduct of your employer, call the Law Office of Seth S. Stoffregen at (617) 332-1300 to ask about representation and consultation fees.
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