Really? Viable Retaliation Claim for MA Employee Terminated For Secretly Searching Company Files

Seyfarth Synopsis:  An employer terminated an employee for secretly searching for confidential documents on her employer’s computer system to use against the employer as part of a discrimination complaint.  Massachusetts’ highest court found that the termination may be unlawful retaliation.

 

An employee who has brought a discrimination complaint secretly looks through your company’s files searching for confidential documents to use against the company as part of his or her complaint. Can you discipline the employee?  You may think that the answer is yes.  But the Massachusetts Supreme Judicial Court recently warned employers: “not so fast.”

 

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