Thursday, August 5, 2010

VIOLATION OF PUBLIC POLICY RESULTS IN A WRONGFUL DISCHARGE

The general rule in Massachusetts does not protect an at-will employee (an employee without a contract) who has been fired for complaints about internal company policies or a violation of a company rule even though in reporting the violation the employee’s intent was made in good faith and was reasonable under all of the circumstances.

There is, however, a public policy exception which protects employees from complaining about violations of public policy. For example, recently there was a case where an appliance dealer forced an employee to install appliances requiring plumbing and electrical work when it knew that a licensed plumber and licensed electrician were required. There was also a violation in that the proper permits and inspections were not obtained. The employee’s case was allowed to proceed under a wrongful discharge claim because it was confirmed that his installations without license and without permit were against the law and these laws were passed to protect the safety and health of the public. So remember, when purchasing new appliances make sure that the dealer, if providing free installation, provides a licensed plumber or electrician and also verify that a proper permit has been issued. Your safety as well as your families is at stake.