How can I legally fire employee who threatened lawsuit if fired

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How can I legally fire employee who threatened lawsuit if fired

I want to let go of a dishwasher who I
don’t feel a right fit for us. He tried to
make it personal issue reason
threatened that it’s illegal.
Please advice how do I fired him
without lawsuit?
We’re in Massachusetts.
Thank you for so much.

Asked on July 20, 2016 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Simply fire him: if he doesn't have a written employment contract, he may be fired at any time, for any reason whatsoever, with two exceptions below.
1) You can't fire some becaue of their race, national origin, age over 40, sex, religion, disability or a few other similar "class" or "category" reasons. That doesn't mean, for example, that you can't fire a 55-year old Muslim African American disabled female--but you can't fire her because she is a  55-year old Muslim African American disabled female; you'd have to fire her for some other valid reason (e.g. attendence or performance issues; insubordiantion) and have to be able to prove/document that at need.
2) You can't fire someone because they reported a safety, tax, or criminal violation to the government.
If the dishwasher is claiming you are firing him due to 1) or 2) above, you need to retain an attorney to help you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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