at-will employment rule (Massachusetts) · Go Syfert
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at-will employment rule in Massachusetts

13 Massachusetts opinions name it 3 courts 1992–2014 0 in the last five years

The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Wright v. Shriners Hospital for Crippled Childrengreen
mass · 1992 · cited in 5 Massachusetts opinions naming this issue, 1993–2012
2 sentences

1993While perhaps “the Achilles heel of the [public policy exception] lies in the definition of public policy,” see id. at 478 (Liacos, C.J. dissenting), quoting Palmateer v. International Harvester Co., 85 Ill.2d 124, 130 (1981), the SJC has specified three areas where a public policy exception to the at-will employment rule is appropriate: “[W]here employees are . . . [terminated] for doing what the law requires (citation omitted), for performing important public deeds such as cooperating with law enforcement officials (citation omitted), and for refusing to commit unlawful acts (citation omitte

1993While perhaps “the Achilles heel of the [public policy exception] lies in the definition of public policy,” see id. at 478 (Liacos, C.J. dissenting), quoting Palmateer v. International Harvester Co., 85 Ill.2d 124, 130 (1981), the SJC has specified three areas where a public policy exception to the at-will employment rule is appropriate: “[W]here employees are . . . [terminated] for doing what the law requires (citation omitted), for performing important public deeds such as cooperating with law enforcement officials (citation omitted), and for refusing to commit unlawful acts (citation omitte

45
Smith-Pfeffer v. Superintendent of the Walter E. Fernald State Schoolgreen
mass · 1989 · cited in 4 Massachusetts opinions naming this issue, 1993–2012
2 sentences

2012See, Smith-Pfeffer , at 149-50.

2011The public policy exception to the at-will employment rule is not that broad.” Smith-Pfeffer, 404 Mass. at 150 . 3.

24
Mistishen v. Falcone Piano Co.green
massappct · 1994 · cited in 2 Massachusetts opinions naming this issue, 1997–2014
2 sentences

2014See Mistishen v. Falcone Piano Co., 36 Mass.App.Ct. 243, 245 (1994) (“Although the term ‘public policy’ is amorphous, the public policy exception to the at-will employment rule has been made available to employees discharged for performing important public deeds”) (internal citation omitted).

1997While the importance of a public deed is not determined on the sole basis of whether the law absolutely requires its performance, . . . such a mandate would bespeak a legislative determination of the importance of the act to the public.” Mistishen v. Falcone Piano Co., 36 Mass.App.Ct. 243, 245 (1994)(citations omitted).

22
King v. Driscollgreen
mass · 1994 · cited in 1 Massachusetts opinions naming this issue, 2003–2003
1 sentence

2003However, our Supreme Judicial Court has recognized an exception to the at-will employment rule “if the termination violates a clearly established public policy.” King v. Driscoll, 418 Mass. 576, 582 (1994).

11
Kolodziej v. Smithgreen
mass · 1992 · cited in 1 Massachusetts opinions naming this issue, 1999–1999
1 sentence

1999Koloziej v. Smith, 412 Mass. 215, 221-22 (1992).

11
Flesner v. Technical Communications Corp.green
mass · 1991 · cited in 1 Massachusetts opinions naming this issue, 1994–1994
1 sentence

1994Under the Supreme Judicial Court’s decision in Flesner v. Technical Communications Corp., 410 Mass. 805, 810-11 (1992), the exception applies only where an employee is terminated for: (1) asserting a legally guaranteed right: (2) doing what the law requires: (3) refusing to do that which the law forbids; or (4) performing important public deeds.

11
Petermann v. International Brotherhood of Teamsters, Local 396green
calctapp · 1959 · cited in 1 Massachusetts opinions naming this issue, 1994–1994
1 sentence

1994Although the term “public policy” is amorphous, see Petermann v. International Bhd. of Teamsters, Local 396, 174 Cal. App. 2d 184, 188 (1959), the public policy exception to the at-will employment rule has been made available to employees discharged for performing important public deeds.

11
Palmateer v. International Harvester Co.green
ill · 1981 · cited in 1 Massachusetts opinions naming this issue, 1993–1993
1 sentence

1993While perhaps “the Achilles heel of the [public policy exception] lies in the definition of public policy,” see id. at 478 (Liacos, C.J. dissenting), quoting Palmateer v. International Harvester Co., 85 Ill.2d 124, 130 (1981), the SJC has specified three areas where a public policy exception to the at-will employment rule is appropriate: “[W]here employees are . . . [terminated] for doing what the law requires (citation omitted), for performing important public deeds such as cooperating with law enforcement officials (citation omitted), and for refusing to commit unlawful acts (citation omitte

11
Cort v. Bristol-Myers Co.green
mass · 1982 · cited in 1 Massachusetts opinions naming this issue, 1993–1993
1 sentence

1993See Cort v. Bristol-Myers Co., 385 Mass. 300, 303 (1982) (discussing public policy exception to at-will employment rule); Mullen v. Ludlow Hosp.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Upton v. JWP Businessland green
mass · 1997
1 sentence

2002There is an exception to the at-will employment rule if the reason for discharge violates a “clearly established public policy." Upton, 425 Mass. at 757 .

12002–2002
Gram v. Liberty Mutual Insurance green
mass · 1981
2 sentences

1992Id.

1992Id.

11992–1992

Where else courts name it

PA 55 (1985–2025) MO 42 (1985–2021) TX 38 (1987–2025) OH 33 (1989–2026) CA 26 (1991–2021) WA 22 (2001–2026) MI 21 (1993–2025) CT 18 (1980–2021) OK 18 (1987–2025) NY 18 (1982–2025) IL 17 (1981–2025) SC 17 (1994–2019) NC 17 (1998–2025) IA 16 (2000–2025) DC 15 (1989–2013) MA 13 (1992–2014) CO 12 (1991–2026) NE 11 (2001–2025) WV 10 (2000–2023) TN 10 (1996–2010) NV 10 (1984–2009) OR 9 (1989–2015) NM 9 (1993–2016) IN 8 (1986–2020) MN 8 (1987–2014) UT 8 (1991–2015) WY 7 (1997–2024) MS 7 (2005–2024) KS 6 (1998–2019) ID 6 (1996–2015) AR 5 (1997–2026) WI 5 (2000–2020) MD 4 (2001–2017) FL 4 (1989–2009) VA 4 (1993–2008) DE 4 (2002–2025) SD 4 (1993–2024) NJ 3 (1980–2022) HI 3 (1996–2002) ND 3 (1999–2021) AK 2 (1989–2001) LA 2 (2003–2016) GA 2 (2004–2012) AL 2 (1998–2000)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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