Do I have a case for retaliation?

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Do I have a case for retaliation?

As a state employee in Massachusetts, 5 of us met with HR to report our boss as a
bully. I also met with union steward to talk about filing a grievance in violation of a
mutual repeat clause in the union agreement. The following Monday my boss told
me that I would no longer supervise my 2 teams and would be put on another team
under him. I had received an ‘Exceeded expectation’ on my Performance Review a
few weeks earlier. Do I have a case for retaliation?

Asked on October 1, 2016 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You only have a case for retaliation if you have a written employment contract, including a union or collective bargaining agreement, which bars retaliation for bringing complaints. Otherwise, retaliation is legal: there is no law giving employees the right to complain about their boss, or barring the boss from taking action against employees who retailiate against him.
If you have a contract or union agreement, then you need to reference the *exact* terms of the agreement and see how they apply to this situation: contracts are enforced according to their specific terms.
 


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