Foley Hoag: Massachusetts Anti-Retaliation Law May Protect Employee's Self-Help Discovery | Practical Law

Foley Hoag: Massachusetts Anti-Retaliation Law May Protect Employee's Self-Help Discovery | Practical Law

This Law Firm Publication by Foley Hoag LLP discusses the Supreme Judicial Court of Massachusetts' recent decision in Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C. In this decision, the SJC held that an employee's self-help discovery (accessing, copying and forwarding an employer's confidential documents) may constitute protected activity under the Massachusetts anti-retaliation statute (G.L. c. 151B, § 4), but only if the employee's actions are "reasonable in the totality of the circumstances." To determine reasonableness, the SJC adopted a seven-factor test for courts to apply.

Foley Hoag: Massachusetts Anti-Retaliation Law May Protect Employee's Self-Help Discovery

Law stated as at 02 Jun 2016 • Massachusetts
This Law Firm Publication by Foley Hoag LLP discusses the Supreme Judicial Court of Massachusetts' recent decision in Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C.In this decision, the SJC held that an employee's self-help discovery (accessing, copying and forwarding an employer's confidential documents)may constitute protected activity under the Massachusetts anti-retaliation statute (G.L. c. 151B, § 4), but only if the employee'sactions are "reasonable in the totality of the circumstances." To determine reasonableness, the SJC adopted a seven-factor test for courtsto apply.