Legal Question in Business Law in Massachusetts

terminated because of telling a joke in exercise class. I am the teacher

Does the company have to warn the employee before they fire the employee for a joke that bothered people? Do they need to ask that you stop telling jokes before you fire the employee?


Asked on 3/23/09, 4:08 pm

3 Answers from Attorneys

JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: terminated because of telling a joke in exercise class. I am the teacher

In the Commonwealth of Massachusetts , an employee can be terminated at any time by his/her employer, subject to various federal & state regulations. Employers are, in sum, barred from firing at-will workers when their conduct violates established public policies:)

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Answered on 3/24/09, 4:11 pm

Re: terminated because of telling a joke in exercise class. I am the teacher

Unless you have an employment agreement, you can be filed for any reason or no reason under MA Laws.

If the joke violated company policy and you were given a hand book regarding such things or the joke would be considered to be in obvious bad taste and to be offensive, then they can probably fire you for cause.

If however, they have an employment policy that calls for warnings etc and they did not give you one, then you may have a claim for wrongful termination.

However, such lawsuits can be expensive and time consuming. I would recommend looking for a new job before suing over this one.

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Answered on 3/23/09, 4:13 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: terminated because of telling a joke in exercise class. I am the teacher

It depends on your employee manual. Most employees can be fired for no reason.

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Answered on 3/26/09, 9:50 am


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