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Set up = wrongful termination Massachusetts

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  • Set up = wrongful termination Massachusetts

    As a hotel maintenance person, my brother was recently "set up" and accused of stealing $5 after 4 years of immaculate employment and being named "Employee of the Month" once again just 4 days before this incident. Immediate afterward, another man was hired for his position - there was not even a lapse in coverage for this position. Other hotel employees, all friends of my brother, were all told different stories ranging from the set up to him being fired for using drugs on the property, giving him a bad name. The hotel has absolutely NO evidence or proof that he stole the money. Also, unemployment approved his claim because the hotel never returned their calls and no proof was available to support their termination basis.

    Any suggestions or guidance on what the best course of action would be at this point would be greatly appreciated. Thanks!

  • #2
    Sorry but there is no course of action beyond looking for another job. Being awarded UC has nothing to do with the legality of his termination. Even if the employer had responded, chances are he would have received benefits.

    His employer doesn't have to prove he took the money. As long as he didn't have a contract that stated otherwise, he could be fired for any reason or no reason not prohibited by law. He also could have quit for any time and any reason.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


    • #3
      Moreover, there is actual case law (an SJC decision whose cite currently escapes my feeble mind), stating that the initial determination and/or subsequent determinations are not admissible in other litigation forums.

      It sounds like the employer simply did not care whether your brother was awarded unemployment; did not think they had enough evidence to prevail in unemployment claim; opted not to disclose its evidence in an unemployment matter; or all of the above. Regardless, it is not evidence of a wrongful termination.


      • #4
        Just for clarification, wrongful termination does not mean you have been terminated for something you did not do. It means that you were terminated for a reason prohibited by law. The law does not prohibit the employer from terming an employee on suspicion of theft, even if there is no proof and even if the employer is mistaken.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.