Legal Question in Employment Law in Massachusetts

Mr. LaRiviere,

In response to your question, the statements and accusations that were made during the unemployment hearing only, were the reasons I left my employment. They related to insubordination from a supervisor in which nothing was done to change this behavior by ownership after several attempts by me to change the behavior to get my job done, and several attempts to have ownership step in to change the behavior as well. Other accusations that were made were inappropriate billing to insurance companies (it is a dental office) as well as not staying compliant with OSHA regulations.

Everything I stated during this unemployment phone hearing were actions that I saw during my time there, and was no way intended to defame the owner or the company. It was simply to prove my case to obtain unemployment benefits. I was the companies Business Office Manager. The statements and accusations were only stated during this unemployment hearing and to no other entity or persons.

His claim during the hearing was that he denied these accusations and that my statements could cause his business harm.

I assume that an unemployment hearing is not for public record, therefore it would not fall under defamation etc.. as I in no way shape or from spoke of the contents of my hearing to any other persons or entity.

So the question is can I be sued for lible, defamation or slander by stating my reasons for leaving the company after being thereatened during the phone hearing by the owner to POSSIBLY take legal action.

I appreciate any of your comments and expertise, and may be in touch with you soon to speak further about this as I do not take threats lightly and am concerned he might attempt to sue me and just want to know if he has a right to or better yet, would the court throw this claim out as it was done during an unemployment hearing.

I look forward to hearing back from you soon.

Best regards and much thanks,

Scott Bowers [email protected]


Asked on 6/10/11, 4:58 am

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

You should consider whether the party that harmed you ability to perform work should be made a defendant in a case if it is the type of treatment you were subject to. Often the employer to avoid the supervisor or other employee from being subject to a lawsuit might agree to a severance package.

Note the work comp act protected employers but not the person causing the injury. If however another law is violated ie discrimination then the employer is liable

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Answered on 6/10/11, 5:35 am


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