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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

Ashley A. Noel and Jessica L. Topper obtained a defense verdict on behalf of a homeowners insurer following a jury trial in the Judicial District of Hartford of the Connecticut Superior Court.

The insured submitted a claim under his homeowners insurance policy for alleged hail damage to his home.  After the insurer denied his claim on the ground that the claimed damage was not caused by hail, the insured assigned the claim to a roofing contractor.  The insurer agreed to reconsider its prior denial based on a report submitted by the roofing contractor, and ultimately determined that the front slope of the insured’s roof did sustain hail damage, for which it issued payment.  However, the insurer maintained its denial as to the remainder of the roof and the vinyl siding.  The roofing contractor subsequently brought a breach of contract action against the insurer.

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.