Melley v. Gillette Corp.

CourtSupreme Judicial Court of Massachusetts
CitationMelley v. Gillette Corp., 397 Mass. 1004, 491 N.E.2d 252 (Mass. 1986)
Decision Date15 April 1986
Parties, 41 Fair Empl.Prac.Cas. (BNA) 1322, 1 IER Cases 722 David T. MELLEY v. The GILLETTE CORPORATION.

Elizabeth A. Rodgers & Marjorie Heins, for plaintiff.

Joseph F. Ryan, for defendant.

Before WILKINS, LIACOS, LYNCH and O'CONNOR, JJ.

RESCRIPT.

In this case we are asked to decide whether the plaintiff, who failed to follow the procedures set forth in G.L. c. 151B, may nevertheless bring an action against his employer for wrongful termination of employment on grounds of age discrimination. We adopt both the analysis and conclusion of the opinion of the Appeals Court, 19 Mass.App.Ct. 511, 475 N.E.2d 1227 (1985), and hold that the plaintiff may not bypass the provisions of the statute.

We affirm the judgment of the Superior Court dismissing the action. 1

Judgment affirmed.

1 MR. JUSTICE NOLAN took no part in this court's decision.

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  • Osborne-Trussell v. Children's Hosp. Corp.
    • United States
    • Supreme Judicial Court of Massachusetts
    • August 25, 2021
    ... ... Stop & Shop Cos ., 402 Mass. 555, 557, 524 N.E.2d 105 (1988). See Melley v. Gillette Corp ., 19 Mass. App. Ct. 511, 513, 475 N.E.2d 1227 (1985), S ... C ., 397 Mass. 1004, 491 N.E.2d 252 (1986) ("We think that where, as ... ...
  • Logie v. Mass. Bay Transp. Auth., Civil No. 17-10949-PBS
    • United States
    • U.S. District Court — District of Massachusetts
    • July 12, 2018
    ...claims apply to employees at will. See Melley v. Gillette Corp. , 19 Mass.App.Ct. 511, 475 N.E.2d 1227, 1228 (1985), aff'd , 397 Mass. 1004, 491 N.E.2d 252 (1986) (describing the rationale for a common law claim for termination in violation of public policy to protect "at-will" employees). ......
  • Ruffino v. State Street Bank and Trust Co., Civ. A. No. 93-10188-NG.
    • United States
    • U.S. District Court — District of Massachusetts
    • November 29, 1995
    ...in a "comprehensive remedial statute," Melley v. Gillette Corp., 19 Mass.App.Ct. 511, 512-13, 475 N.E.2d 1227 (1985), aff'd 397 Mass. 1004, 491 N.E.2d 252 (1986), and recognition of the claim would lead to the creation of a new common law action "based on the public policy expressed in that......
  • Green v. Wyman-Gordon Co.
    • United States
    • Supreme Judicial Court of Massachusetts
    • May 3, 1996
    ... ... 151B's administrative prerequisites. See Melley v. Gillette Corp., 19 Mass.App.Ct. 511, 475 N.E.2d 1227 (1985), S.C., 397 Mass. 1004, 491 N.E.2d ... ...
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