Law Offices of Richard Mucci
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May 2014 Archives

Employers Beware: When A Lateral Transfer of an Employee Constitutes An Adverse Employment Action

A Massachusetts Court recently decided that a lateral transfer of an employee could be considered an "adverse employment action" for the purposes of a retaliation claim despite no wage or benefits cuts. In Kelley v. Commonwealth, et al., the Plaintiff worked as a clerk for the Department of Conservation and Recreation's sign shop at a location near her home. In 2006, a co-worker and a supervisor engaged in a romantic relationship, which made the Plaintiff uncomfortable and led to the co-worker receiving favorable treatment in the workplace. On January 19, 2006, the Plaintiff reported to a supervisor her discomfort and how the relationship was making it hard for her to do her job. 

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