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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Bermudez v. Dielectrics, Inc., 113 N.E.3d 927 (2018)

Citation
Bermudez v. Dielectrics, Inc., 113 N.E.3d 927 (2018)
Parent Document
Bermudez v. Dielectrics, Inc., 113 N.E.3d 927 (2018)
Jurisdiction
Massachusetts (state)
Effective Date
2018-11-16

Full Text

981 chars
Bermudez brought an action against the defendant for retaliatory termination in violation of G. L. c. 152, § 75B (2). A first judge ruled that Dielectrics was not an "employer" as that term is used in c. 152 and therefore could not be sued for retaliation under § 75B (2). The defendant's motion to dismiss the complaint pursuant to Mass. R. Civ. P. 12 (b) (6), 365 Mass. 754 (1974), therefore was allowed. However, the first judge allowed Bermudez twenty days to file an amended complaint for wrongful termination in violation of public policy. Bermudez filed an amended complaint, again alleging a violation of G. L. c. 152, § 75B (2), but adding a claim for wrongful termination in violation of public policy. After the defendant moved to dismiss the amended complaint, Bermudez voluntarily dismissed her public policy claim and a second judge (hereinafter motion judge) again dismissed her claim for retaliatory termination under G. L. c. 152, § 75B (2).2 This appeal followed.