We represented a 75-employee public service organization on the North Shore that was sued after it terminated a female employee for poor performance and bad workplace behaviors. The woman had taken a maternity leave about six months before she was fired. She claimed she was fired for taking the leave and because she required break time to pump milk for her child during the work day. In fact, the employee’s performance had been poor long before her maternity leave. After she returned, she made numerous errors and was highly defensive when confronted. After the employee tried surreptitiously to document allegedly bad behaviors by others, she was fired. The employer acted after warning and counseling the employee in accordance with its policies, which were previously reviewed and revised by our office.
Result: The case was successfully defended by our office. The MCAD dismissed it for lack of probable cause. The Complainant’s subsequent appeal was rejected and the case was resolved favorably for our client.