Legal Question in Business Law in Massachusetts

business law

Alpha Corporation in Boston offers a job to Carol, who lives in Des Moines, Iowa. Betty orally agrees with Alpha to work in Boston for two years. She moves her family to Massachusetts and begins work. Three months later, she is fired for no stated cause. She files a suit against Alpha for reinstatement or pay. Alpha pleads the lack of a written contract. In whose favor is the court likely to rule, and why?


Asked on 12/14/07, 9:04 pm

4 Answers from Attorneys

Tom Flynn Law Offices of Thomas V. Flynn

Re: business law

The only thing missing in this question is a reference to Blackacre or I'd feel like I was back in Law School. I am assuming that Betty/Carol are the same person.

We start with the fact that Massachusetts is an at will employment state. Employees can leave their jobs at will and employers can terminate without cause.

The fact that someone relocated to accept a position does not change the at will nature.

However, in your question you said there was agreement for a two year position. The fact that it was an oral agreement does not make it any less valid than a written agreement, but you will of course need to prove it.

Further, before one can start crystal balling a court decision more facts are needed - you need to get to the heart of why Betty (or Carol) was fired.

In many of these cases an experienced employment law attorney will discover a reason behind the terminatin that is not always flattering to the employer. For example perhaps Betty was fired because she was a Betty and not a Bob or a Bill.

If Betty can establish the validity of the oral agreement (and the relocation is an important factor) or can discover a reason for the firing that may be protected under Mass. law, then a settlement (or success at a hearing) may be possible that gets Betty enough money to move back to Iowa or to greener pastures elsewhere.

Betty should take a lesson here that a written agreement offers added protection.

Good luck Betty!

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Answered on 12/15/07, 7:05 am
Tom Flynn Law Offices of Thomas V. Flynn

Re: business law

The only thing missing in this question is a reference to Blackacre or I'd feel like I was back in Law School. I am assuming that Betty/Carol are the same person.

We start with the fact that Massachusetts is an at will employment state. Employees can leave their jobs at will and employers can terminate without cause.

The fact that someone relocated to accept a position does not change the at will nature.

However, in your question you said there was agreement for a two year position. The fact that it was an oral agreement does not make it any less valid than a written agreement, but you will of course need to prove it.

Further, before one can start crystal balling a court decision more facts are needed - you need to get to the heart of why Betty (or Carol) was fired.

In many of these cases an experienced employment law attorney will discover a reason behind the terminatin that is not always flattering to the employer. For example perhaps Betty was fired because she was a Betty and not a Bob or a Bill.

If Betty can establish the validity of the oral agreement (and the relocation is an important factor) or can discover a reason for the firing that may be protected under Mass. law, then a settlement (or success at a hearing) may be possible that gets Betty enough money to move back to Iowa or to greener pastures elsewhere.

Betty should take a lesson here that a written agreement offers added protection.

Good luck Betty!

Read more
Answered on 12/15/07, 7:05 am
Tom Flynn Law Offices of Thomas V. Flynn

Re: business law

The only thing missing in this question is a reference to Blackacre or I'd feel like I was back in Law School. I am assuming that Betty/Carol are the same person.

We start with the fact that Massachusetts is an at will employment state. Employees can leave their jobs at will and employers can terminate without cause.

The fact that someone relocated to accept a position does not change the at will nature.

However, in your question you said there was agreement for a two year position. The fact that it was an oral agreement does not make it any less valid than a written agreement, but you will of course need to prove it.

Further, before one can start crystal balling a court decision more facts are needed - you need to get to the heart of why Betty (or Carol) was fired.

In many of these cases an experienced employment law attorney will discover a reason behind the terminatin that is not always flattering to the employer. For example perhaps Betty was fired because she was a Betty and not a Bob or a Bill.

If Betty can establish the validity of the oral agreement (and the relocation is an important factor) or can discover a reason for the firing that may be protected under Mass. law, then a settlement (or success at a hearing) may be possible that gets Betty enough money to move back to Iowa or to greener pastures elsewhere.

Betty should take a lesson here that a written agreement offers added protection.

Good luck Betty!

Read more
Answered on 12/15/07, 7:06 am

Re: business law

Good luck retaking the exam. If you are posting this, you probably should consider taking a bar review course.

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Answered on 12/15/07, 11:07 am


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