Melley v. Gillette Corp.
| Citation | 491 N.E.2d 252,397 Mass. 1004 |
| Parties | , 41 Fair Empl.Prac.Cas. (BNA) 1322, 1 IER Cases 722 David T. MELLEY v. The GILLETTE CORPORATION. |
| Decision Date | 15 April 1986 |
| Court | United States State Supreme Judicial Court of Massachusetts |
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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...... 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 ......
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...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). ......
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Ruffino v. State Street Bank and Trust Co., Civ. A. No. 93-10188-NG.
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