Legal Question in Employment Law in Massachusetts

when to file a retaliation complaint

I filed a complaint with the MCAD one year ago for age/sex discrimination. My position was given to a younger man with no experience. The investigation is about to end and I have the impression I will win. Three weeks ago my former employer laid me off after telling me I had a job with the company for as long as I wanted.

The investigator had asked me if I was going to file a retaliation complaint. I thought i'd wait until I had a decision on the initial complaint. I feel it was retaliation but he did lay off 5 people due to slow business. should I go ahead and file now ? What happens after i win the initial complaint? Am I suppose to ask for a settlement or does the MCAD figure that out?

Asked on 4/07/05, 7:41 am

1 Answer from Attorneys

Howard Wilgoren Law Offices of Howard I. Wilgoren
0 users found helpful
0 attorneys agreed

Re: when to file a retaliation complaint

you should file the retaliation claim now. if the MCAD issues a probable cause finding it will schedule a mandatory conciliation conference in an effort to settle your claim. THe employer is required to attend. If the case is not settled it will be certified to a public hearing. You also have the option to remove the case to superior court and obtain a jury trial as long as three years has not passed since the unlawful conduct. If you want to discuss this further please feel free to call me at 617-523-5233

Read more
Answered on 4/09/05, 8:15 pm

Related Questions & Answers

More Labor and Employment Law questions and answers in Massachusetts

Looking for something else?

Get Free Legal Advice

88683 active attorneys ready to answer your legal questions today.

Labor and Employment Law Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Rahul Manchanda, Esq.Manchanda Law Office PLLCNew York, NY
Craig EpifanioCraig Epifanio, P.A.St Petersburg, FL
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now