What is Unlawful Retaliation Under Massachusetts Law?
Unlawful Retaliation in Massachusetts: Know Your RightsWhile Massachusetts operates under the "at-will" employment doctrine, it's essential to understand that certain exceptions protect employees from retaliation for engaging in legally protected activities. Discover your rights regarding unlawful retaliation and learn more about the common scenarios where retaliation may occur.
Reporting or Opposing DiscriminationReporting or opposing workplace discrimination is protected activity under the law. This includes reporting personal experiences of discrimination, participating in EEOC or MCAD proceedings, or actively opposing discrimination within your workplace. Your actions are protected, provided you have a reasonable, good faith belief that unlawful discrimination is taking place.
Reporting or Opposing Sexual HarassmentIf you report sexual harassment and face adverse employment actions like termination or discipline, you may have a valid retaliation claim. Your belief in the harassment's unlawfulness must be reasonable and in good faith.
Using Family Medical Leave or Sick TimeMassachusetts laws strictly prohibit retaliation for taking time off under the Paid Family Medical Leave Act (PFMLA) and the Earned Sick Time Law. Negative actions within six months of requesting or taking leave under PFMLA are presumed retaliatory.
Asserting Rights Under the Wage and Hour LawsExpressing concerns about late wages, questioning overtime pay eligibility, reporting pay discrepancies, disputing independent contractor classification, or other wage and hour complaints should not result in retaliation.
Filing a Workers Compensation ClaimInjured on the job? You have the right to workers' compensation benefits, even if your employer disputes your claim. They are not allowed to punish you for seeking these benefits, or otherwise retaliate against you for using workers compensation.
Public Employee Whistleblower ProtectionPublic employees, including those in state, county, city, or town roles, receive protection under the Massachusetts Whistleblower Act. It shields them from retaliation when disclosing, threatening to disclose, or opposing potentially unlawful actions or risks to public health, safety, or the environment.
Health Care Worker Whistleblower ProtectionHealth 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 health care facilities.
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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
Our experienced legal team can provide expert guidance and representation to help you navigate complex employment law cases, ensuring your rights are protected and seeking justice if you've faced unlawful retaliation in the workplace. 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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