Legal Question in Workers Comp in Massachusetts
so, my boyfriend was fired from his current job and it was because his prior co worker waited until he got his last check then proceeded to go into his current job and talk to his manager; totally badmouthing him, saying that he stole a phone and money and whatnot basically calling him a thief, and due to the recent history of his current workplace which was stolen from many times, corperate told his manager that he had to fire my boyfriend because " they couldent take the risk" now mind you he had my boyfriend work a full shift of work before he fired him. what do you think our next legal steps should be for us ? could we sue ?
1 Answer from Attorneys
Sure. If the charges are untrue, your boyfriend can file a claim for defamation against the prior co-worker. Whether that person has any money, and whether it would be worthwhile to file such a claim is an open question. Generally (although not always) people with assets are more careful than people without assets. Making things up about a former co-worker sounds like the unhinged idea of someone with little to lose. Bear in mind that truth is a defence to slander. And defamation is a disfavoured remedy in Massachusetts.
Still, assuming your facts, and making no judgements about collectability - it sounds like you have a decent claim against the former co-worker.
If your boyfriend were an at-will employee, the employer could fire him for any reason, or for no reason. It is not obligated to question its former employee's veracity. I do not think you have a good claim against the former employer.
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