Legal Question in Employment Law in Massachusetts

discrimination??

i work part-time at a plastic surgeon's office. i was hired on the condition i changed my first name since there were already 2 people working there with this name. i agreed but also said i didn't know if i could stick to it. i honestly tried, but it's not my name and i told the doctor and office manager i wanted to use my correct name-i was told to lv if i didn't comply. this office is horrible to work in. the psychological atmosphere is terrible. they are now trying to force me to quit by making me work more hours and days than agreed upon. i really need to leave but i need to know if i have a discrimination case against the doctor. by not being allowed to use your given name it takes your identity away from you.

any feed back would be appreciated.

thanks for your consideration


Asked on 8/27/01, 11:55 am

1 Answer from Attorneys
William McLeod McLeod Law Offices, PC

Re: discrimination??

I've been thinking about this one, and I honestly can't think of a case against the employer. As an at-will employee, you're very limited in your rights. The very nature of the relationship is that both parties at "at the will" of each other. Both are free to leave/sever the relationship at any time, for any reason, or no reason at all. The only exception is when it's discrimination - but it must be based on race, religion, sex, sexual orientation, etc. One's name is not covered by the law.

The other exception is if you are doing something that you have the legal right to do - i.e., something that the public has an interest in. I cannot say that the public has an interest in whether you use your name, but the argument could be made that being required to change one's name out of convenience violates a public policy. It would take a Court to say once and for all whether you have a case.

Your situation is very unique, so I am sorry if my answer is not particularly clear. I believe i would need to conduct research on this issue to effectively respond.

Read more
Answered on 9/05/01, 10:58 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Massachusetts