I worked at a large company in Boston for four about four years and developed a close friendship with a co-worker who did the same job I did. Last month, about three months after my friend filed a complain against our immediate supervisor for harassing her on the job, we were both laid off, along with a couple of other employees in a different department as part of a "cost cutting" restructuring. I think this is complete BS and that my friend and I were fired because our supervisor hates her because of the complaint and because he knows I'll support her complaint because I witnessed some of the harassment. My friend is considering hiring an attorney to look into the firing and I'm wondering if I have any way of also suing the company because I believe the only reason I was picked for "cost cutting" is my friendship. I know I'm and at-will employee but I've always had good reviews before I was let go. Any help is appreciated.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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The answers and information provided on this site are for informational purposes only and are NOT substitutes for professional legal advice. Before making legal decisions, you should discuss your specific circumstances with an attorney.
Exceptions to at-will employment rule in MA
The general rule in Massachusetts, that an employer can fire an at-will employee, is riddled with exceptions and limitations. We can summarize many of the exceptions by saying that employers are free to terminate employees as long as they are not doing it for an illegal or improper reason. For example, employers can not fire an employee, at-will or not, because of that person's race, ethnicity, religion, etc. Also, your friend cannot be fired by your former employer because she filed a complaint about illegal or improper activity.
There is also a body of law dealing with associative discrimination, where an employee is fired because of his relationship to another employee or person. In the case of Reich v. Cambridgeport Air Systems, 8 IER 1614, 1618 (D. Mass. 1993), aff’d 26 F.3d 1187, 1188-9 (1st Cir. 1994), the friend of an employee who had filed an OSHA complaint was allowed to maintain an action against the employer after she, along with her friend, was fired. (OSHA statutes prohibit discrimination against those filing an OSHA complaint). Obviously, I can't tell you if you can prevail against your former employer, but it is certainly worth discussing the matter with a MA employment law attorney. Good luck.