Our client was an employee of a large package delivery company. After experiencing what she believed to be inappropriate sexual behaviors by a supervisor, she reported the conduct to his superior and asked that it stop. She did not file nor did she wish to file a harassment or discrimination complaint. Though she was assured by upper management that the supervisor would curb his conduct going forward, our client soon became the target of investigations into her attendance and related issues. She was fired several times for minor infractions that were previously ignored and were common among staff. Though the company rescinded the firings each time, our client ultimately declined to return to work without assurances that she would not suffer further retaliation. When the company refused to provide it, she filed suit.
Result: After many years of litigation at the MCAD that included the dismissal of the case and, in a very rare development, its reopening after our firm located a percipient witness to the retaliation and successfully argued that his testimony was fraudulently concealed by the employer, we were able to settle the case for a substantial sum just short of an MCAD trial. The entire process took nearly 10 years, but the client’s position was fully vindicated.