Legal Question in Discrimination Law in Massachusetts

I witnessed racism at work and reported it with the victim to Human Resources. Since that time, the person who was discriminated against was fired. The victim is now suing my employer. My employer will receive the letter from her lawyer next week. What are my rights? Will they fire me because I am a witness in her favor?


Asked on 11/24/09, 7:36 pm

1 Answer from Attorneys

Sue-Ellen Kresh Law Office of Sue-Ellen Kresh

Hi,

First I want to applaud you for stepping forward and doing the right thing by supporting your (former) coworker and reporting the discrimination you witnessed. Many people would not have had the courage to do so.

I believe you are now inquiring as to what your rights may be if you, too, are terminated. (If this is not your question, I apologize and perhaps you might restate exactly what you wish to know.) If this is your question, then the short answer would be that, depending on the facts and circumstances in the case, you may have a cause of action for being terminated in retaliation for reporting the discrimination and/or on grounds of a violation of public policy.

In other words, am employer can not terminate someone in retaliation for a reasonable or rightful action and can not terminate an employee in violation of public policy, i.e. for reporting an illegal action by the employer, for an action which you had the legal right to perform or for failing to cover up or participate in an illegal activity. The key, however, is that you would need to be able to establish a connection between the action, i.e. you reporting discrimination, and your termination.

These are complex and fact specific cases and you may want to contact an attorney to get a clearer idea of your rights (by providing further information, etc.)

Good luck.

Sue-Ellen Kresh

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Answered on 11/30/09, 6:03 pm


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