Legal Question in Employment Law in Massachusetts

Stress

I have worked at my job for 7.5 years. About two years ago a new Executive Director was hired. At that time we had approx 25 employees. Now out of the original 25 there is only about 6 left. The amount of stress that he creates is unbelievable. Many of those employees left because of the stress. I have hung in there, however, it has been EXTREMELY tough. I have almost walked out a couple of times because of his lack of management and abilities. A friend could not handle the amount of stress he was creating for her. She quit. She tried to collect unemployment, they denied, she is going into appeal. Does she have any rights as far as leaving because of amount of stress, or would I if I couldn't deal anymore?


Asked on 5/20/07, 8:41 am

1 Answer from Attorneys

Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Stress

Perhaps. Assuming there is no employment contract (and this is an "at will" employment relationship, as most are), the company (and possibly the director him/herself) could be liable for creating (and exposing employees to) a "hostile work environment." There might also be other, related claims, wrongful termination, constructive discharge, etc.

Whether or not the conduct at issue crosses the line into impermissible and illegal conduct depends entirely on the specific circumstances of each case. All you have described is a stressful and difficult work environment. Without knowing specifics about the conduct, the context in which it is made, conmpany procedures and policies, prior history, etc, it is impossible to answer your question. I can imagine equally solid arguments on both sides.

Please be aware (and pass the word along to others if you choose to), that anyone interested in exploring such claims should quickly consult with a knowledgable attorney. Most employment disputes are required to be made very quickly, and in a specific governmental agency according to designated rules and procedures, or can be forever lost. Anyone serious about exploring the matters further should consult with a lawyer quickly in order to preserve and protect all applicable rights.

Feel free to contact me for help.

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Answered on 5/20/07, 4:45 pm


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