Upton v. JWP Businessland, 682 N.E.2d 1357 (Mass. 1997). · Go Syfert
Upton v. JWP Businessland, 682 N.E.2d 1357 (Mass. 1997). Cases Citing This Book View Copy Cite
136 citation events (87 in the last 25 years) across 9 distinct courts.
Strongest positive: Campbell v. BankBoston, N.A. (mad, 2002-05-17)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 47 distinct citers.
examined Cited as authority (verbatim quote) Campbell v. BankBoston, N.A. (2×) also: Cited as authority (quoted)
D. Mass. · 2002 · signal: see, e.g. · quote attribution · 2 verbatim quotes · confidence high
the general rule is that an at-will employee may be terminated at any time for any reason or for no reason at all.
examined Cited as authority (quoted) Hunt v. Wyle Laboratories, Inc. (4×) also: Cited "see"
D. Mass. · 1997 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the public policy exception makes redress available to employees who are terminated for asserting a legal right (e.g., filing a workers' compensation claim), for doing what the law requires (e.g., serving on a jury), or for refusing to disobey the law (e.g., refusing to commit pe…
discussed Cited as authority (rule) Columbia Plaza Associates v. Northeastern University
Mass. · 2024 · signal: cf. · confidence medium
Cf. Upton v. JWP Businessland, 425 Mass. 756, 760 (1997) (rejecting plaintiff's estoppel argument on basis that no enforceable promise existed, where plaintiff asked about regular work hours, and was so informed, but ultimately worked much later hours). 29 2007 agreements did not create any contractual obligation for Northeastern to involve CPA in the development of subparcel 18- 1A, Northeastern's failure to do so cannot constitute a breach of the covenant of good faith and fair dealing.
cited Cited as authority (rule) Harrington v. Lesley University
D. Mass. · 2021 · confidence medium
Claims for promissory estoppel must allege reasonable reliance on “an unambiguous promise.” Upton v. JWP Businessland, 682 N.E.2d 1357, 1360 (Mass. 1997).
discussed Cited as authority (rule) Hayes v. Massachusetts Bay Transportation Authority
D. Mass. · 2020 · confidence medium
“The public policy exception makes redress available to employees who are terminated for asserting a legal right (e.g., filing a workers’ compensation claim), for doing what the law requires (e.g., serving on a jury), or for refusing to disobey the law (e.g., refusing to commit perjury).” Upton v. JWP Businessland, 425 Mass. 756, 757 (1997).
cited Cited as authority (rule) Gudava v. Northeast Hospital Corporation
D. Mass. · 2020 · confidence medium
As a general rule, “an at-will employee may be terminated at any time for any reason or for no reason at all.” See Upton v. JWP Businessland, 682 N.E.2d 1357, 1358 (Mass. 1997).
discussed Cited as authority (rule) Suzuki v. Abiomed, Inc.
1st Cir. · 2019 · confidence medium
The 2010 offer letter explicitly stated that Abiomed was not obligated 3 In Massachusetts, "[t]he general rule is that an at-will employee may be terminated at any time for any reason or for no reason at all." Upton v. JWP Businessland, 682 N.E.2d 1357, 1358 (Mass. 1997).
cited Cited as authority (rule) Dexter v. Dealogic, LLC
D. Mass. · 2019 · confidence medium
Mass. 2018) (quoting Upton v. JWP Businessland, 682 N.E.2d 1357, 1360 (Mass. 1997)).
discussed Cited as authority (rule) Miller v. Miller
Mass. · 2018 · confidence medium
See, e.g., Smith v. McDonald, 458 Mass. 540, 546 (2010), citing Wakefield, 67 Mass. App. Ct. at 775 (applying § 30 principles to child of unmarried parents, despite recognition that "a statute governing divorced children is not applicable directly to nonmarital children," in light of "the legal equality of nonmarital children"); Smith, supra at 546 n.13, quoting Altomare v. Altomare, 77 Mass. App. Ct. 601 , 602- 603 (2010) (although § 30 "applies only to relocation outside the Commonwealth, '[w]e apply out-of-State removal principles to in-State moves,' pursuant to common law, in cases where…
discussed Cited as authority (rule) Ferri v. Powell-Ferri (2×)
Mass. · 2017 · confidence medium
Under our common law of employment, we have held that, in certain limited circumstances, an employer may be held liable for discharging an at-will employee “for a reason that violates clearly established public policy.” Upton v. JWP Businessland, 425 Mass. 756, 757 (1997).
discussed Cited as authority (rule) Rodden v. Savin Hill Enterprises, LLC (2×) also: Cited "see, e.g."
Mass. Super. Ct. · 2016 · confidence medium
The SJC has emphasized that the plaintiff must show reasonable reliance on “an unambiguous promise.” Upton v. JW Businessland, 425 Mass. 756, 760 (1997).
discussed Cited as authority (rule) Grivois v. Wentworth-Douglass Hospital
D.N.H. · 2014 · confidence medium
Thus, Massachusetts courts have generally restricted wrongful termination claims to "employees who are terminated for asserting a legal right, for doing what the law requires, or for refusing to disobey the law," and to a few other "reasons for terminations which would directly contradict well-defined public policies of the Commonwealth." Upton v. JWP Businessland, 682 N.E.2d 1357, 1358-59 (Mass. 1997) (parentheticals omitted).
discussed Cited as authority (rule) Demers Bros. Trucking, Inc. v. Certain Underwriters at Lloyd's
D. Mass. · 2009 · confidence medium
A party seeking promissory estoppel must show that he "reasonably relied on the alleged promise to his detriment,” Coll v. PB Diagnostic Systems, Inc., 50 F.3d 1115, 1124 (1st Cir.1995) (quotation and citation omitted), and that the promise was “unambiguous,” Upton v. TWP Businessland, 425 Mass. 756 , 682 N.E.2d 1357, 1360 (1997). 81 .
cited Cited as authority (rule) Day v. Staples, Inc.
D. Mass. · 2008 · confidence medium
Upton v. JWP Businessland, 425 Mass. 756 , 682 N.E.2d 1357, 1360 (1997). 118 .
discussed Cited as authority (rule) D'Alessandro v. Nipmuc, Inc.
Mass. Super. Ct. · 2007 · confidence medium
As such, she could be terminated at any time for any reason or no reason (see e.g., Upton v. JWP Businessland, 425 Mass. 756, 757 (1997)) unless it was done in violation of public policy (see Count I, discussed supra).
cited Cited as authority (rule) Evans v. Maxx
Mass. Super. Ct. · 2005 · confidence medium
Upton v. JWP Businessland, 425 Mass. 756, 757 (1997).
discussed Cited as authority (rule) Martinez v. New England Medical Center Hospitals, Inc. (2×) also: Cited "see, e.g."
D. Mass. · 2004 · confidence medium
See Gunther v. Gap, Inc., 1 F.Supp.2d 73, 77 (D.Mass.1998) (noting that parenthood is not a protected class under chapter 15 IB, § 4); c/1 Upton v. JWP Businessland, 425 Mass. 756 , 682 N.E.2d 1357, 1358 (1997) (holding that it was not a violation of public policy for an employer to discharge a single mother who refused to work newly imposed longer hours). 63 .
discussed Cited as authority (rule) Barry v. Chase Precast Corp.
Mass. Super. Ct. · 2004 · confidence medium
Although Barry contends that the language stating employment may be terminated for “any reason” requires just cause, the very nature of the at-will arrangement implies that “any reason” includes “no reason.” Upton v. JWP Businessland, 425 Mass. 756, 757 (1997) (citations omitted) (reciting general rule that employment at-will terminable for any reason or for no reason at all).
discussed Cited as authority (rule) Flynn v. City of Boston (2×) also: Cited "see"
Mass. App. Ct. · 2003 · confidence medium
As such, their employment was subject to being “terminated at any time for any reason or for no reason at all.” Upton v. JWP Businessland, 425 Mass. 756, 757 (1997) (citations omitted).
discussed Cited as authority (rule) DiGaetano v. Lawrence Firefighters Federal Credit Union (2×) also: Cited "see"
Mass. Super. Ct. · 2002 · confidence medium
Promissory Estoppel To avoid the entry of summary judgment on the issue of promissory estoppel, an at-will employee has to show that he “reasonably relied on an unambiguous promise.” Upton v. JWP Businessland, 425 Mass. 756, 760 (1997).
cited Cited as authority (rule) Soltys v. Wellesley Country Club
Mass. Super. Ct. · 2002 · confidence medium
Joyce v. McDonald, 40 Mass.App.Ct. 1116 (2001), citing Upton v. JWP Businessland, 425 Mass. 756, 760 (1997).
cited Cited as authority (rule) Apessos v. Memorial Press Group
Mass. Super. Ct. · 2002 · confidence medium
The decision of Upton v. JWP Businessland, 425 Mass. 756, 757-60 (1997), does not exclude a claim based upon the public policy against domestic violence.
cited Cited as authority (rule) Rathore v. Kelly
Mass. Super. Ct. · 2002 · confidence medium
Upton v. JWP Businessland, 425 Mass. 756, 757 (1997).
cited Cited as authority (rule) Finn v. Genrad, Inc.
Mass. Super. Ct. · 2002 · confidence medium
Upton v. JWP Businessland, 425 Mass. 756, 760 (1987).
discussed Cited as authority (rule) Boudreault v. Chesapeake Biological Laboratories, Inc.
Mass. Super. Ct. · 2002 · confidence medium
Upton v. JWP Businessland, Inc., 425 Mass. 756, 757 (1997); Wright v. Shriners Hospital for Crippled Children, 412 Mass. 469, 472 (1992), citing Jackson v. Action for Boston Cmty Dev., Inc., 403 Mass. 8, 9 (1998).
cited Cited as authority (rule) DeLuca v. Bear Stearns & Co.
D. Mass. · 2001 · confidence medium
Generally speaking, an at-will employee is subject to termination “at any time for any reason or for no reason at all.” Upton v. JWP Businessland, 425 Mass. 756, 757 , 682 N.E.2d 1357, 1358 (1997).
discussed Cited as authority (rule) Perkins v. Commonwealth
Mass. App. Ct. · 2001 · confidence medium
Recognizing that an at-will employee may be terminated at any time for any reason or for no reason at all, Upton v. JWP Businessland, 425 Mass. 756, 757 (1997), the plaintiff points out that liability may be imposed on the employer if the employee is terminated “for a reason that violates a clearly established public policy.” Ibid.
cited Cited as authority (rule) Fiorilio v. May Department Stores Co.
Mass. Super. Ct. · 2000 · confidence medium
Upton v. JWP Businessland, 425 Mass. 756, 757 (1997); Flesner v. Technical Communications Corp., 410 Mass. 805, 810 (1991).
cited Cited as authority (rule) Daly v. Norton Co.
Mass. Super. Ct. · 1999 · confidence medium
Upton v. JWO Businessland, 425 Mass. 756, 757 (1997).
discussed Cited as authority (rule) Patriarca v. Center for Living & Working, Inc.
Mass. Super. Ct. · 1999 · confidence medium
While “(t]he general rule is that an at-wik employee may be terminated at any time for any reason or for no reason at all . . . [liability may be imposed on an employer ... if an at-will employee is terminated for a reason that violates a clearly established public policy.” Upton v. JWP Businessland, 425 Mass. 756, 757 (1997).
discussed Cited as authority (rule) Hansen v. J.L. Hammett International, Inc.
Mass. Super. Ct. · 1999 · confidence medium
To avoid the entry of summary judgment, an at-will employee asserting estoppel would have to show that she reasonably relied on an unambiguous promise." Upton v. JWP Businessland, 425 Mass. 756, 760 (1997) (emphasis supplied).
discussed Cited as authority (rule) Haddad v. Scanlon
Mass. Super. Ct. · 1999 · confidence medium
Compare G.L.c. 149, §(b)(l) (employer prohibited from retaliatory action against employee who discloses or threatens to disclose employer activity which employee reasonably believed posed a risk to public health, safety or environment); with Upton v. JWP Businessland, 425 Mass. 756, 757-58 (1997) (liability may be imposed on employer who terminates at-will employee in violation of clearly established public policy), and cases cited.
cited Cited as authority (rule) Sellig v. Visiting Nurse & Community Health, Inc.
Mass. Super. Ct. · 1999 · confidence medium
Upton v. JWP Businessland, 425 Mass. 756, 757 (1997); Jackson v. Action for Boston Community Dev., Inc., 403 Mass. 8, 9 (1988).
discussed Cited as authority (rule) Delmonte v. Laidlaw Environmental Services, Inc.
D. Mass. · 1999 · confidence medium
Nor has the legislature — whose pronouncements are the more common source of the requisite “well-defined” policy, see Upton, 425 Mass, at 759, 682 N.E.2d 1357 — enacted statutes even suggesting its adoption or promotion of such a policy.
examined Cited as authority (rule) Lloyd v. AMF Bowling Centers, Inc. (4×)
Ariz. Ct. App. · 1999 · confidence medium
Id. at 1359.
discussed Cited as authority (rule) Finlay v. Fischbach & Moore, Inc.
Mass. Super. Ct. · 1998 · confidence medium
Finlay Fischbach asserts that Finlay cannot state a claim for wrongful discharge in violation of public policy because first, there is no evidence to support his claim and secondly, because Fischbach has not violated any public policy. 6 “[I]n certain circumstances, an at-will employee may maintain an action against [his] former employer for wrongful discharge.” Shea v. Emmanuel College, 425 Mass. 761, 762 (1997), citing Upton v. JWP Businessland, 425 Mass. 756, 757 (1997).
cited Cited "see" Welch v. People's United Bank, National Association
D. Mass. · 2021 · signal: see · confidence high
See Upton v. JWP Businessland, 682 N.E.2d 1357, 1358 (Mass. 1997).
examined Cited "see" Murray v. Warren Pumps, LLC (5×) also: Cited "see, e.g."
1st Cir. · 2016 · signal: see · confidence high
See Upton v. JWP Businessland, 425 Mass. 756 , 682 N.E.2d 1357, 1358-59 (1997); King v. Driscoll, 418 Mass. 576 , 638 N.E.2d 488, 492-93 (1994).
cited Cited "see" Pitney v. Table Talk Pies, Inc.
Mass. Super. Ct. · 2005 · signal: see · confidence high
See Upton v. JWP Businessland, 425 Mass. 756, 757 (1997).
cited Cited "see" Sklar v. Beth Israel Deaconess Medical Center
Mass. App. Ct. · 2003 · signal: see · confidence high
See Upton v. JWP Businessland, 425 Mass. 756, 757 (1997).
cited Cited "see" McCormick v. Hi-Tech Plating, Inc.
Mass. Super. Ct. · 1999 · signal: see · confidence high
See generally, e.g., Upton v. JWP Businessland, 425 Mass. 756 (1997).
cited Cited "see" Miller v. Trinity Oil Co.
Mass. Super. Ct. · 1999 · signal: see · confidence high
See Upton v. JWP Businessland, 425 Mass. 756, 757 (1997).
discussed Cited "see" Chilson v. Polo Ralph Lauren Retail Corp. (2×)
D. Mass. · 1998 · signal: see · confidence high
See Upton v. JWP Businessland, 425 Mass. 756, 758 , 682 N.E.2d 1357 (1997) (complaints regarding excessive work hours). 7 .
discussed Cited "see, e.g." Amalgamated Titanium International Corp. v. Mennie Machine Company d/b/a MMC Armory
D. Mass. · 2022 · signal: see also · confidence medium
To prove a claim of promissory estoppel under Massachusetts law, “a plaintiff must allege that (1) a promisor makes a promise which he should have reasonably expected to induce action or forbearance of a definite or substantial character on the part of the promisee, (2) the promise does induce such action or forbearance, and (3) injustice can be avoided only by enforcement of the promise.” Neuhoff v. Marvin Lumber and Cedar Co., 370 F.3d 197, 203 (1st Cir. 2004), quoting Carroll v. Xerox Corp., 294 F.3d 231, 242 (1st Cir. 2002); see also Upton v. JWP Businessland, 425 Mass. 756, 760 (1997)…
discussed Cited "see, e.g." Athenahealth, Inc. v. May
D. Mass. · 2018 · signal: see also · confidence medium
Mello v. Stop & Shop Companies, Inc., 402 Mass. 555, 557-58 (1988); see also Upton v. JWP Businessland, 425 Mass. 756, 757 (1997)( noting that the implied covenant of good faith and fair dealing public policy exception allows redress to employees who are terminated for refusing to break the law).
discussed Cited "see, e.g." Athenahealth, Inc. v. May (2×)
D.D.C. · 2018 · signal: see also · confidence low
Mello v. Stop & Shop Companies, Inc. , 402 Mass. 555 , 557-58, 524 N.E.2d 105 (1988) ; see also Upton v. JWP Businessland , 425 Mass. 756 , 757, 682 N.E.2d 1357 (1997) (noting that the implied covenant of good faith and fair dealing public policy exception allows redress to employees who are terminated for refusing to break the law).
discussed Cited "see, e.g." Rodio v. R.J. Reynolds Tobacco Co. (2×)
D. Mass. · 2006 · signal: see also · confidence low
See also Upton v. JWP Businessland, 425 Mass. 756, 757-58 , 682 N.E.2d 1357, 1358-59 (1997) (public policy must be “well-defined” or “clearly established”).
Joanna Upton
v.
JWP Businessland
Harvey A. Schwartz for the plaintiff.
Wilkins.
Cited by 62 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 91%
Citer courts: D. Massachusetts (4)
Wilkins, CJ.

The plaintiff, a former at-will employee of the defendant and a divorced single parent, appeals from the entry of summary judgment for the defendant. She asserts that the defendant discharged her when, because of the need to be with her young son, she was unwilling to work long hours. She argues that such a discharge is contrary to public policy and entitles her to damages. We granted the plaintiff’s application for direct appellate review. We affirm the judgment.

For the purpose of considering the propriety of the allowance of the defendant’s motion for summary judgment, the following facts are relevant. At the time of her discharge, the plaintiff was the mother of a young son whom she cared for herself -and supported entirely from her earnings. She commuted from Cape[*757] Cod to work for the defendant in Canton. When she was hired in April, 1991, she was told that her hours of work would be 8:15 a.m. to 5:30 p.m., with the need to work late on one or two days each month. The plaintiff arranged child care accordingly. In fact, the requirements of her job kept her until 6:30 p.m. to 7 p.m. from the outset and even later as the job progressed. In late July, 1991, the plaintiff was told that she would have to work until 9 or 10 p.m. each evening and all day Saturday for at least several months. The plaintiff informed her employer that she would not be able to work such hours because of her responsibilities as a mother. She was discharged two weeks later.

The general rule is that an at-will employee may be terminated at any time for any reason or for no reason at all. See Folmsbee v. Tech Tool Grinding & Supply, Inc., 417 Mass. 388, 394 (1994); Jackson v. Action for Boston Community Dev., Inc., 403 Mass. 8, 9 (1988). Liability may be imposed on an employer, however, if an at-will employee is terminated for a reason that violates a clearly established public policy. See King v. Driscoll, 418 Mass. 576, 582 (1994); Flesner v. Technical Communications Corp., 410 Mass. 805, 810 (1991); DeRose v. Putnam Mgt. Co., 398 Mass. 205, 210 (1986). The public policy exception makes redress available to employees who are terminated for asserting a legal right (e.g., filing a workers’ compensation claim), for doing what the law requires (e.g., serving on a jury), or for refusing to disobey the law (e.g., refusing to commit perjury). See Smith-Pfeffer v. Superintendent of the Walter E. Fernald State Sch., 404 Mass. 145, 149-150 (1989). We have identified additional reasons for terminations which would directly contradict well-defined public policies of the Commonwealth. See Flesner v. Technical Communications Corp., supra at 811 (at-will employee cooperated with law enforcement agency investigation of his employer); Hobson v. McLean Hosp. Corp., 402 Mass. 413, 416 (1988) (at-will employee allegedly discharged for enforcing safety laws which were her responsibility to enforce); DeRose v. Putnam Mgt. Co., supra at 209-211 (at-will employee refused to give false testimony against coworker in criminal trial). See also Shea v. Emmanuel College, post 761, 762-763 (1997) (at-will employee who internally reports suspected criminal wrongdoing occurring within company entitled to recover when discharged for making such report).

On the other hand, we have held that other reasons for[*758] termination do not warrant recovery by an at-will employee. See King v. Driscoll, supra at 583 (participation in shareholder derivative suit); Folmsbee v. Tech Tool Grinding & Supply, Inc., supra at 394-395 (failure to comply with employer’s internal policy of mandatory drug testing); Wright v. Shriners Hosp. for Crippled Children, 412 Mass. 469, 475-476 (1992) (nurse made internal reports of problems to high-ranking officials within hospital organization); Korb v. Raytheon Corp., 410 Mass. 581, 584 (1991) (employee hired as corporation’s spokesperson publicly expressed views which conflicted with corporation’s economic interests); Smith-Pfeffer v. Superintendent of the Walter E. Fernald State Sch., supra at 151 (employee expressed disagreement with employer’s reorganization plan — “[a]n employee, even one in a socially important occupation, who simply disagrees with her employer’s policy decisions, may not seek redress in the courts”); Mello v. Stop & Shop Cos., 402 Mass. 555, 560-561 (1988) (employee reported false damage claims which were internal company matters). See also Mistishen v. Falcone Piano Co., 36 Mass. App. Ct. 243, 245-246 (1994) (discharge of at-will employee in retaliation for her internal complaints regarding company’s trade practices, which she claimed were in violation of G. L. c. 93A).

The plaintiff seeks to recover for a termination that was not, on its face, made because she did something that public policy strongly encourages (such as serving on a jury) or because she refused to engage in conduct that public policy strongly discourages (such as refusing to lie on behalf of her employer). There is no clearly established public policy which requires employers to refrain from demanding that their adult employees work long hours. Nor is any public policy directly served by an employee’s refusal to work long hours. Because no public purpose is served by the conduct for which the plaintiff asserts she was discharged, this case is unlike those cases in which we have held that the employer may be liable for the discharge of an at-will employee.

To advance her claim that her termination violated public policy, the plaintiff relies on the Commonwealth’s strong policy favoring the care and protection of children. Her theory is that an employer may not properly discharge an employee whose refusal to work long hours is based on her sense of obligation to be with her young child. She argues that meeting the defendant’s demands regarding work hours would cause her to neglect her child in contravention of public policy.

[*759] The plaintiff asserts that cases involving eligibility for unemployment compensation directly support her theory. The judge correctly concluded that the Commonwealth’s broad policies of protecting the family unit and promoting the best interests of children do not transform the discharge of an at-will employee who cannot work particular hours required by her employer into a discharge in violation of a well-defined public policy. The judge noted that, although the Legislature has established rights to unemployment compensation (G. L. c. 151 A) for certain former employees, compensation is not available in every instance in which an at-will employee experiences a conflict between job requirements and parental responsibilities.[1] A policy that says that, if domestic responsibilities limit a person’s availability to work, unemployment compensation may nevertheless be available does not translate into a policy that an employer is liable to a former employee for discharging her in comparable circumstances. The Legislature has directed that unemployment compensation should be available to such a person, but it has not provided that such an employee has an action for wrongful discharge.

The Legislature has not announced a public policy position in the area of unemployment compensation that is as broad as the one that the plaintiff urges us to identify. Nor has any court to our knowledge allowed recovery against an employer who terminated an at-will employee who refused to work newly imposed hours due to an irreconcilable conflict between her new work schedule and the obligations of parenting. There is no[*760] public policy which mandates that an employer must adjust its expectations, based on a case-by-case analysis of an at-will employee’s domestic circumstances, or face liability for having discharged the employee. Smith-Pfeffer v. Superintendent of the Walter E. Fernald State Sch., 404 Mass. 145, 150 (1989). Construing the public policy exception to cover terminations of employees in the plaintiff’s situation would tend to convert the general rule “into a rule that requires just cause to terminate an at-will employee.” Smith-Pfeffer v. Superintendent of the Walter E. Fernald State Sch., supra. Liability to an at-will employee for a discharge in violation of public policy must be based on general principles, and not on the special domestic circumstances of any particular employee.

The plaintiff argues briefly that the defendant was estopped from firing her because she relied to her detriment on the defendant’s representations regarding her expected hours of work. To avoid the entry of summary judgment against her, an at-will employee asserting estoppel would have to show that she reasonably relied on an unambiguous promise. See Rhode Island Hosp. Trust Nat’l Bank v. Varadian, 419 Mass. 841, 848 (1995). The summary judgment record shows no such promise, only that the plaintiff asked about regular work hours and was so told. No promise in a contractual sense is shown. Id. at 850.

We sympathize with the difficulties of persons in the position of the plaintiff who face the challenge of reconciling parental responsibilities with the demands of employment. However, employer liability under common-law principles is not an appropriate means of addressing the problem in the at-will employment context.

Judgment affirmed.

1

In Conlon v. Director of the Div. of Employment Sec., 382 Mass. 19, 19 (1980), a woman sought to continue to receive unemployment benefits in circumstances in which she had “restricted her availability for work to a daytime shift which was consistent with her fulfilment of responsibilities to her children.” We remanded the proceeding to the agency so that it could determine whether the employee had “good cause” to decline to seek or accept employment at any other time of day and, if she did have a valid reason for doing so, whether she so limited her availability that “she effectively removed herself from the labor force.” Id. at 25. See Zukoski v. Director of the Div. of Employment Sec., 390 Mass. 1009 (1984); Manias v. Director of the Div. of Employment Sec., 388 Mass. 201, 204 (1983).

The Legislature has included within the functions, powers, and duties of the Massachusetts Commission Against Discrimination complaints “alleging discrimination because of . . . children.” G. L. c. 151B, § 3. This case does not appear to involve unlawful discrimination, and, in any event, the reference to “children” was added to G. L. c. 151B, § 3, after the plaintiff’s discharge. St. 1991, c. 323, § 1.