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

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

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

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