Archives for May 2011

Employers Liable for Retaliation Against Former Employees

It’s always been clear that taking negative action against an employee because he/she filed a discrmination complaint or supported another employee who did so is illegal under Massachusetts law. Now, the state’s highest court has made clear that employees are protected from retaliation even when the supposed misconduct occurs years after employment ends.

The May 2011 decsion by the Massachusetts Supreme Judicial Court (SJC) may take even seasoned employment lawyers by surprise. Indeed, few employee  complaints  even relate to post-employment conduct, and analyses of potential cases has consequently focused on events that occurred while a worker was employed. That approach, however, is suddently outdated by strong SJC language: “a person need not be an employee to enjoy” the protection of the anti-retaliation provisions of Massachusetts’ primary anti-discrimination statute, Mass. Gen. L. ch. 151B. [Read more…]

I have just returned to work after maternity leave. What are my legal rights?

Additional Information: I have recently gone back to work after taking maternity leave. Before I went on leave, I created a new work schedule with my manager for when I returned, which included a day working from home every week. One week before I was to return to work, my manager emailed to say our VP did not approve the schedule and I needed to make a new one. Specifically, I could not work the day at home and needed to do all my hours in the office.

It is very common for staff to work from home at my organization, either as planned days home, unplanned (ex. sick days), bad weather days, etc, and this was why my manager and I included a day at home in my new schedule.

Now I am being told I can’t do this day at home each week, while other staff members continue to work from home, to the point where it is marked on their Outlook calendars. The underlying message is that I can’t do this because I have a baby, although no one has said that outright. Do I have any recourse here? I’m just looking for things to be equitable. [Read more…]