Case Study: Resolving a Discrimination Claim Against an Employer
Celebrating a Successful Employer Defense Case
Our client was a small business that was a prominent player in the restoration industry, specializing in residential and commercial services such as water damage restoration, fire damage restoration, mold remediation, and storm damage restoration. They faced a discrimination claim filed by an employee, alleging discrimination based on his service in the United States National Guard. The case was brought before the Massachusetts Commission Against Discrimination (MCAD). In this case study, we outline the facts of the case and demonstrate how we successfully defended the employer against the discrimination allegations, resulting in the dismissal of the complaint.
The Employee's Employment The employee was hired by Neponset Restoration as a Project Manager in Mitigation. He was responsible for overseeing restoration and mitigation projects, with the potential to earn commissions based on performance. During the interview process, the employee disclosed his membership in the National Guard, and this information was acknowledged by his supervisor. Initially, the employee performed well, earning a raise before his probationary period ended. His supervisor even advocated for additional commissions. However, over time, the employee's performance declined. He became unmotivated, failed to meet sales targets, and oversaw projects that were less profitable for the company. Despite these performance issues, the company continued to support the employee, granting him leave for National Guard training and voluntarily overpaying him during his deployments. Incident and Termination The employee's performance issues came to a head when he publicly disrespected and swore at his supervisor in a group text message chain with other employees. The supervisor expressed concern about the employee's behavior, and he responded sarcastically, inviting her to write him up. In response to the employee's outburst and his declining job performance, the company terminated his employment. The termination letter cited his disrespectful conduct and underperformance. Defense and DismissalIn response to the discrimination claim, the company strongly refuted the allegations. We presented a strong defense, highlighting that the employee's termination was solely due to his unprofessional and insubordinate behavior, not his National Guard service.
Our argument rested on the following key points:
ConclusionThe MCAD ultimately dismissed the discrimination claim against the employer, recognizing that the termination was based on valid reasons unrelated to the employee's National Guard service. This case underscores the importance of maintaining professionalism in the workplace and demonstrates our commitment to defending our clients against baseless discrimination allegations. Our client continues to provide support for employees serving in the National Guard and remains dedicated to fair and equitable employment practices.
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How Our Lawyers Can Help
Our experienced legal team specializes in defending employers against discrimination claims, ensuring fair and equitable workplace practices while safeguarding your business's reputation and interests. 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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