What is Unlawful Retaliation?

One reason a termination might be considered unlawful is if it was done in retaliation for an employee engaging in a "protected activity."  Protected activities include:

• Reporting or objecting to discrimination or unlawful harassment in the workplace
• Asserting their rights under the wage and hour laws
• Requesting or taking family or medical leave under the FMLA or the Massachusetts Paid Family Medical Leave Act
• Using earned sick time for one of its allowed purposes (being sick, taking care of a sick family member, attending routine medical appointments, or addressing the results of domestic violence)
• Filing a workers compensation claim

In addition, there are whistleblower protections specific to certain health care workers and public employees.

If a termination happens shortly after any of the above activities, it is a good idea to consult an employment lawyer to assess whether there is a factual basis for a retaliation claim.

Learn more here about retaliation under Massachusetts law.

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