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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) 2.
Parent Document
Bermudez v. Dielectrics, Inc., 113 N.E.3d 927 (2018)
Jurisdiction
Massachusetts (state)
Effective Date
2018-11-16

Full Text

720 chars
2. Analysis. General Laws c. 152, § 75B (2), prohibits an employer from retaliating against its employee for exercising a *495right afforded by the act. It reads in part: "No employer or duly authorized agent of an employer shall discharge, refuse to hire or in any other manner discriminate against an employee because the employee has exercised a right afforded by this chapter." G. L. c. 152, § 75B (2). The parties' dispute centers on whether a third-party negligence claim qualifies as a right that is "afforded" by c. 152. The defendant argues that the right to sue a tortfeasor for personal injury cannot be afforded by the act because it was created *931by common law. We disagree with the defendant's reasoning.