Avoiding Unlawful Retaliation: A Guide for Small Employers in Massachusetts
What Employers Need to Know About Retaliation Laws in MassachusettsWhile Massachusetts follows the at-will employment doctrine, it's crucial for small employers to understand that certain exceptions exist to protect employees from retaliation, which could lead to costly legal troubles. In this guide, we'll explore what small employers need to know to avoid liability for unlawful retaliation and maintain a fair and compliant workplace.
Reporting or Opposing DiscriminationSmall employers must be aware that employees are protected when they report or oppose workplace discrimination. This includes actions like reporting their own experiences of discrimination, participating in Equal Employment Opportunity Commission (EEOC) or Massachusetts Commission Against Discrimination (MCAD) proceedings, or actively opposing discrimination within the workplace. These actions are protected as long as the employee has a reasonable, good faith belief that unlawful discrimination is occurring.
Reporting or Opposing Sexual HarassmentWhen employees report sexual harassment and subsequently face adverse employment actions such as termination or discipline, small employers should exercise caution. Retaliation claims can arise if the employee's belief in the harassment's unlawfulness is reasonable and in good faith.
Using Family Medical Leave or Sick TimeMassachusetts laws strictly prohibit retaliation against employees who take time off under the Paid Family Medical Leave Act (PFMLA) and the Earned Sick Time Law. Small employers should be aware that any negative actions taken within six months of an employee's request or use of leave under PFMLA are presumed retaliatory.
Asserting Rights Under the Wage and Hour LawsSmall employers should understand that employees expressing concerns about late wages, questioning overtime pay eligibility, reporting pay discrepancies, disputing independent contractor classification, or raising any wage and hour complaints should not face retaliation. It's essential to address these concerns in a compliant and non-retaliatory manner.
Filing a Workers Compensation ClaimEmployees who are injured on the job have the right to workers' compensation benefits, even if the employer disputes the claim. Small employers should refrain from punishing employees for seeking these benefits or engaging in any form of retaliation related to workers' compensation.
Public Employee Whistleblower ProtectionManagers or supervisors in the public sector should be aware of the Massachusetts Whistleblower Act, which provides protection to public employees, including those in state, county, city, or town roles. This protection shields them from retaliation when disclosing, threatening to disclose, or opposing potentially unlawful actions or risks to public health, safety, or the environment.
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Health Care Worker Whistleblower Protection
Small employers in healthcare should note that health care providers involved in patient care receive whistleblower protection when disclosing or objecting to practices they reasonably believe violate laws, regulations, policies, or professional standards in healthcare facilities.
Conclusion
Preventing unlawful retaliation is essential for small employers in Massachusetts. Understanding these protections and avoiding retaliatory actions in the workplace is not only legally required but also promotes a fair and harmonious work environment. Compliance with these laws can help small employers maintain a positive reputation and avoid costly legal disputes.
Meet Our Employment Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with severance and non compete review and negotiation, wage and hour, discrimination and retaliation disputes, and advice about employment law generally.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with wage and hour disputes, employment discrimination and retaliation claims, review and negotiation of severance and non compete agreements, and advice to both employees and employers about navigating complex employment situations.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients with review and negotiation of severance and non compete agreements, wage and hour disputes, employment and discrimination claims, and advice to small business owners about employment law and other business matters.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients on the employee and employer side with all varieties of employment law issues, including employment discrimination, retaliation, and wage and hour issues, litigation in MCAD and state and federal courts, and advising employers about employment policies and practices.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with wage and hour, discrimination and retaliation disputes, review and negotiation of severance agreements, and litigation in MCAD and state and federal courts on employment related issues.
How We Can Help
We're here to provide small employers with expert guidance on preventing unlawful retaliation, ensuring legal compliance, and fostering a positive workplace atmosphere. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
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