Trial tested.
Results driven.

Legal Developments

EMPLOYMENT LAW

Retaliation for Personnel Files

The Massachusetts Supreme Judicial Court’s recently issued an important decision granting a terminated employee the right to pursue a retaliation-wrongful termination claim against his employer for exercising the right to file a rebuttal to be included in his personnel file as provided by G. L. c. 149, § 52C, which controls how employers maintain personnel files in the Commonwealth.  In Meehan v. Medical Information Technology, Inc., No. SJC-13117, Meehan who was an at-will employee was terminated after he sent his supervisor a rebuttal to having been placed on a performance improvement plan.  Meehan filed suit against the employer Meditech for wrongful discharge in violation of public policy. The Superior Court Department, Norfolk County granted Meditech’s motion to dismiss.  Meehan then appealed to the Massachusetts Appeals Court which affirmed. Meehan then filed application for further review, which was granted by the Supreme Judicial Court.

Results

Attorneys Ashley A. Noel and Cassandra A. Hardy obtained a defense verdict in a wrongful death product liability action brought in Hartford, Connecticut. The Plaintiff claimed that her minor son drowned in a public pool due to the failure of a camera system to alert emergency dispatch to his presence in the pool, causing his death. The Plaintiff brought a lawsuit against the Defendant security company alleging that the camera system was an alert system designed to detect trespassers in the pool area for the sole purpose of preventing drownings. The Plaintiff further claimed that the Defendant had intentionally and recklessly misrepresented that the camera system was safe and effective to the property owner who purchased the cameras.

Our Firm

Shareholder Matthew Greene has been appointed to a three-year term as a Hearing Officer for the Massachusetts Board of Bar Overseers. The BBO is an independent administrative body established by the Supreme Judicial Court to investigate and evaluate complaints against attorneys.  Hearing Officers sit in panels of three as fact-finding tribunals in disciplinary proceedings brought against individual attorneys by the Office of Bar Counsel.  They hear testimony, take evidence, make adjudicatory rulings and, with the assistance of a Board attorney, prepare written reports and recommendations for the Board of Bar Overseers.

Congratulations to Matt on his appointment!