Legal Question in Discrimination Law in Massachusetts
Can I file a wrongful termination suit?
Dear Sir or Madam,
I was forced to resign from my position as a paramedic with an ambulance company five months ago after six months of bizarre employee harassment including leaving of rotting garbage and dirty underwear in my employee mailbox. False reports concerning my competency filed. There was sexual harassment in the form of pornographic videos being displayed by fellow employees on company TV. Also some gender discrimation from immediate supervisor. I filed multiple verbal complaints. Afraid to file written complaint due to 'file' being assembled against me. Concerns and fears went unaddressed. Was forced to resign after I complained when I discovered that a workman's comp claim had never been filed and I was left without wages for a month. Many other factors, too numerous to discuss at present. Do I have grounds for a wrongful termination suit?
3 Answers from Attorneys
Re: Can I file a wrongful termination suit?
You may very well have claims of sexual harassment and gender discrimination. However, any such claims MUST be filed with the Mass. Commission Against Discrimination within 6 months of the most recent act of discrimination. So you need to act fast. You do not need a lawyer to file a claim with the M.C.A.D., but it may certainly help. After your claim is filed you have the right to have the M.C.A.D. determine the outcome, or you may move the case to state or federal court.
Re: Can I file a wrongful termination suit?
You say you got fired 5 months ago - but you only have 6 MONTHS to file a discrimination claim. THis includes sexual harassment.
Talk to a lawyer NOW.
Re: Can I file a wrongful termination suit?
There is no cause of action for wrongful termination in MA. Your claims would be under the Massachusetts anti-discrimination laws. BUT YOU ONLY HAVE 6 MONTHS FROM THE DATE YOU RESIGNED TO FILE A CLAIM WITH THE MASSACHUSETTS COMMISSION AGAINSY DISCRIMINATION . If you don't meet that deadline you will lose your right to sue.
If the facts you represednted are true, you have valid claims under the discrimination law.
With regard to workers comp., you should request another claim form from your employer and refile. If they don't let you, you may have another claim-but it might not be worth pursuing for one month of benefits.
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