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 7 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.
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