Legal Question in Employment Law in Massachusetts

job termination

My son lives in MA. He & a female employee of a private ambulance company were walking to her car after they had clocked out/not working. The next day, she filed a report stating that he had placed her hand on his penis. He was called into Human Resources. He said absolutely not. There was no one else in the parking lot to witness either way. He was given the sexual harrassment policy of this company, told to read & sign it. He returned to work. The next day, this female called his cell phone with a long message stating that she & the Human Resources rep discussed the matter again & she withdrew her complaint/her words were she smoothed things over. She called him HONEY & said I love you. Shortly after that, other employees came to him saying she was discussing this with them & the incident did happen (unproved & off the clock) & she covered up for him. He spoke to herwith a third person present. All 3 of them were off the clock/not working. She/3rd person filed reports that he spoke in a loud voice/was upset/she was afraid. He was terminated. All of this was not on the clock/not on the job. Should this company been involved in this dispute? NOT on the job...period.


Asked on 7/22/07, 10:30 am

1 Answer from Attorneys
Maurice LaRiviere, Jr. Law Office of Maurice LaRiviere, Jr.

Re: job termination

Maybe not on the job but certainly can be said to be affecting the employment situation. I think their getting involved was appropriate if not in fact mandated for them to avoid being sued. The firing however seems to have occurred without a formal investigation into the incident. Please advise if there was any such hearing/review with him being provided with the opportunity to respond to the last charge.

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Answered on 7/22/07, 5:53 pm


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