Wayfair is expected to face trial on a former employee’s claim of retaliation, following a ruling issued by a federal appeals court in the case of Forsythe v. Wayfair. The employee claimed that Wayfair terminated her after she made allegations ...
Read More »Mass. SJC holds firing over personnel file rebuttal unlawful
An at-will employee who was fired when he filed a rebuttal letter for inclusion in his personnel file after being placed on a performance improvement plan could bring a wrongful discharge claim, the Massachusetts Supreme Judicial Court ruled in reversing ...
Read More »Sex bias claims permissible under Titles IV, IX
A federal judge has found that a Lesley University employee could bring sex bias claims against the Boston school under both Title VII and Title IX. Plaintiff Micki Harrington claimed in her lawsuit that she was subjected to sexual harassment ...
Read More »1st Circuit upholds ERISA plan’s self-reported symptom limit
The administrator of a benefits plan governed by the Employee Retirement Income Security Act could apply a self-reported symptoms limitation to terminate the long-term disability benefits of a plaintiff who suffers from Chronic Fatigue Syndrome and fibromyalgia, the 1st U.S. ...
Read More »Tight job market puts law firms in scramble for talent
Law firms and corporate legal departments in Massachusetts are facing headwinds trying to find the qualified attorneys they need to fill open positions. Kenneth J. Albano, managing partner of Springfield-based Bacon Wilson, touts the success of the firm’s 100 attorneys ...
Read More »All eyes on how far law goes on personnel files
After hearing arguments in Meehan v. Medical Information Technology, Inc. on Nov. 1, the Supreme Judicial Court in Massachusetts will have an opportunity to clarify whether an employee’s exercise of his rights under the state’s Personnel Records Act can serve ...
Read More »Noncompete unenforceable for inadequate consideration
A U.S. District Court decision voiding a noncompete under the Massachusetts Noncompetition Agreement Act provides a “glimmer of hope” for lawyers who have been awaiting guidance on how judges will interpret the 2018 statute, attorneys say. The MNAA, G.L.c. 149, ...
Read More »Judge: plaintiff states claim in business interruption suit
In what may be Rhode Island’s first ruling in a business interruption insurance coverage dispute prompted by COVID-19 shutdowns, a Providence adult entertainment venue has had mixed success in surviving a defendant insurer’s motion to dismiss. Superior Court Judge Brian ...
Read More »1st Circuit tightens lid on investor suits
Securities fraud litigators view a recent decision from the 1st U.S. Circuit Court of Appeals as reducing the odds of investors being able to recover on claims that a company violated federal law by failing to disclose known risks to ...
Read More »Employer-side lawyers parse RI pay equity law
Management-side employment attorneys are beginning to advise their clients on what they should expect under Rhode Island’s new “pay equity” law, which after years of previous efforts by legislators gained passage in the General Assembly’s most recent session and was ...
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