Legal Question in Employment Law in Massachusetts

If I was laid off my job and then found out my employer hired the person back that I replaced. My employer said that his company 'couldn't afford me'

The person that I replaced, and now is back, received the same salary.


Asked on 11/13/09, 12:12 pm

1 Answer from Attorneys

Sue-Ellen Kresh Law Office of Sue-Ellen Kresh

I'm not sure exactly what your question is so it's difficult to know how best to respond. Massachusetts is an at will employment state whicxh means that, unless you have an employment contract, which most people don't, you can be fired for any reason or no reason.

Based solely on the information you've provided, it sounds like your employer may have been untruthful with you, which may be raising your suspicions. Do you have reason to suspect discrimination? Are you a member of a protected class which could provide the basis for such an argument? Do you believe you may have been retaliated against for taking some action which you had the right to or refusing to undertake something illegal?

These are some questions you might want to consider in examining whether or not you have a cause of action in Massachusetts.

You may want to speak with a lawyer further to help you make such a determination. You might also want to consider what your damages are and what you would be looking for if you were to pursue somehting against your (former) employer.

I would be happy to speak with you further or you could contact any lawyer of your own choosing. good luck.

Sue-Ellen Kresh

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Answered on 11/18/09, 5:02 pm


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