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Legal Developments

EMPLOYMENT LAW

Retaliation for Personnel Files

The Massachusetts Supreme Judicial Court’s recently issued an important decision granting a terminated employee the right to pursue a retaliation-wrongful termination claim against his employer for exercising the right to file a rebuttal to be included in his personnel file as provided by G. L. c. 149, § 52C, which controls how employers maintain personnel files in the Commonwealth.  In Meehan v. Medical Information Technology, Inc., No. SJC-13117, Meehan who was an at-will employee was terminated after he sent his supervisor a rebuttal to having been placed on a performance improvement plan.  Meehan filed suit against the employer Meditech for wrongful discharge in violation of public policy. The Superior Court Department, Norfolk County granted Meditech’s motion to dismiss.  Meehan then appealed to the Massachusetts Appeals Court which affirmed. Meehan then filed application for further review, which was granted by the Supreme Judicial Court.

Results

Boyle Shaughnessy Shareholder Aaron R. White and the firm’s Associate recently received Summary Judgment from the Plymouth County Superior Court in a lawsuit filed by the former Chief of Appeals at the Plymouth County District Attorney’s Office asserting employment discrimination, retaliation, whistleblower, intentional and negligent infliction of emotional distress against the firm’s client, District Attorney Timothy Cruz, his Office, and former Chief of Staff Michael Horan.

The Plaintiff, Gail McKenna, served as an Assistant District Attorney (“ADA”) in the Plymouth County District Attorney’s Office (“PCDAO”) from 1997 until her termination on April 1, 2019. While handling post-conviction proceedings in Commonwealth v. Frances Choy, McKenna discovered that certain prosecutors in the office had exchanged racist and unprofessional emails, including those who had prosecuted Choy, an Asian American defendant. Believing this information should be disclosed, McKenna forwarded the emails to defense counsel.  The Office was thereafter ordered to produce additional information relating to its internal and third-party investigation of allegations stemming from the conduct of several former Assistant District Attorneys, including allegedly offensive emails.

Our Firm

Boyle | Shaughnessy Law staff and attorneys recently participated in the annual Boston Lawyers Have Heart 5k fundraiser for the American Heart Association.

Since 2008, runners and walkers involved in the legal community have joined together in the spirit of Pro Bono Publico (for the public good) to change the heart health of Greater Boston. Lawyers Have Heart Boston has grown from hosting 400 attorneys in 2008, to hosting over 2,100 legal professionals (private practice, large firms, corporate/in-house, legal staff, government, and non-lawyer colleagues) in the annual race & post-race celebration in the Seaport.