When a Massachusetts Nurse Has a Legal Cause of Action Against an Employer

Posted by Richard Gaudet, Esquire, General Legal Services and Consultation, Employment Law

Why Massachusetts Nurses Need to Know Their Legal Rights

Nurses are among the most essential, and the most vulnerable, workers in the Massachusetts workforce. They are subject to demanding working conditions, complex institutional hierarchies, strict licensing requirements, and, in many cases, treatment by employers that crosses legal and ethical lines. What many Massachusetts nurses do not realize is that certain types of mistreatment, retaliation, or neglect by an employer can give rise to a legitimate cause of action, meaning a legally recognized basis for pursuing a claim in a Massachusetts court or before an administrative agency.

This article is intended to help Massachusetts nurses understand the general categories of employer conduct that the law recognizes as potentially actionable. Every situation is different, and if you believe you have been wrongfully treated by a Massachusetts employer, speaking with a lawyer who understands both employment law and the unique regulatory environment in which nurses work is an important first step.

What Is a Cause of Action?

A cause of action is a set of facts that, taken together, give a person the legal right to seek a remedy in court or through another formal proceeding. In the employment context, a cause of action typically arises when an employer takes an action, or fails to take an action, that violates a law, a regulation, a contract, or a legally protected right of the employee.

For nurses in Massachusetts, causes of action can arise under state law, federal law, professional licensing regulations, and in some cases, under the terms of a collective bargaining agreement or employment contract. Understanding which category applies to your situation is one of the first things a Massachusetts lawyer will help you sort out.

Wrongful Termination of a Massachusetts Nurse

Massachusetts is generally an at-will employment state, meaning an employer can terminate an employee for any reason, or no reason at all, with certain important exceptions. For nurses, those exceptions are significant.

A Massachusetts nurse may have a viable wrongful termination claim if the termination was based on a protected characteristic such as race, sex, age, disability, national origin, religion, or sexual orientation. These protections are provided under both the Massachusetts Fair Employment Practices Act, also known as Chapter 151B, and federal law including Title VII of the Civil Rights Act and the Americans with Disabilities Act.

A nurse may also have a wrongful termination claim if the firing was retaliatory, meaning the employer terminated the nurse in response to the nurse engaging in legally protected activity. Common examples in the nursing context include reporting unsafe patient care conditions, filing a workers’ compensation claim, or cooperating with a Department of Public Health investigation.

Retaliation Against a Massachusetts Nurse Who Reports Unsafe Conditions

One of the most important, and most commonly violated, legal protections available to Massachusetts nurses is the protection against retaliation for reporting unsafe patient care conditions. Massachusetts law, and federal law under OSHA, prohibit employers from punishing employees who raise legitimate safety concerns in the workplace.

In the nursing context, this means that if a nurse reports short staffing, unsafe patient-to-nurse ratios, deficient infection control practices, medication errors, or other hazardous conditions, to a supervisor, to the hospital administration, or to a government agency, the employer may not retaliate against that nurse by terminating, demoting, suspending, disciplining, or otherwise penalizing the nurse for having made that report.

If a Massachusetts nurse can demonstrate that the adverse employment action occurred because of a protected report or complaint, that nurse may have a cause of action for retaliation in a Massachusetts court or before an administrative body such as the Massachusetts Commission Against Discrimination, commonly known as the MCAD.

Discrimination Against a Massachusetts Nurse

Discrimination in the workplace takes many forms, and Massachusetts law provides broad protections for nurses against discriminatory treatment by employers. Under Massachusetts General Laws Chapter 151B, it is unlawful for an employer to discriminate against an employee in hiring, compensation, promotion, job assignments, or the terms and conditions of employment based on a protected characteristic.

For nurses, discrimination claims frequently arise in situations involving pregnancy discrimination, where a nurse is treated less favorably because of pregnancy or a pregnancy-related condition. They also arise in cases involving disability discrimination, where a nurse is denied a reasonable accommodation for a physical or mental health condition, or is terminated because of a disability that the employer refused to accommodate.

Nurses who are passed over for promotions, assigned to less desirable shifts, paid less than similarly situated colleagues, or subjected to a hostile work environment because of a protected characteristic may have a discrimination claim under Massachusetts law.

Sexual Harassment of a Massachusetts Nurse

Sexual harassment is a form of sex discrimination under both Massachusetts and federal law. In the healthcare workplace, where nurses often work in close proximity to physicians, supervisors, and other employees in a hierarchical environment, sexual harassment is unfortunately not uncommon.

Massachusetts law recognizes two primary forms of sexual harassment. The first is quid pro quo harassment, where a supervisor or person in authority conditions a job benefit, such as a promotion, a preferred schedule, or continued employment, on the nurse’s submission to unwanted sexual conduct. The second is hostile work environment harassment, where the conduct of a coworker, supervisor, or even a patient is so severe or pervasive that it creates an intimidating, hostile, or abusive work environment.

An employer’s failure to respond appropriately to complaints of sexual harassment, or to take reasonable steps to prevent harassment in the first place, can expose the employer to liability in a Massachusetts lawsuit.

Wage and Hour Violations Affecting Massachusetts Nurses

Massachusetts has some of the strongest wage and hour laws in the country, and violations of those laws by healthcare employers are a recognized cause of action for nurses. Common wage and hour issues in the nursing context include failure to pay overtime for hours worked in excess of forty hours per week, failure to provide required meal breaks, unlawful deduction of break time that was not actually taken, and misclassification of nurses as exempt from overtime when they are not.

Under the Massachusetts Wage Act, an employer who fails to pay earned wages on time may be liable for three times the amount of unpaid wages, plus attorney’s fees. This is a powerful remedy, and it applies to nurses just as it does to other employees. A Massachusetts lawyer can evaluate whether your employer’s pay practices comply with the Wage Act and whether you have a viable claim.

Failure to Provide a Safe Workplace for a Massachusetts Nurse

Beyond the specific retaliation protections discussed above, Massachusetts employers have a general legal duty to provide nurses with a reasonably safe workplace. This obligation arises under both OSHA regulations and Massachusetts workplace safety law.

In the nursing context, failure to provide a safe workplace can encompass inadequate staffing levels that create unreasonably dangerous conditions for both nurses and patients, failure to provide adequate personal protective equipment, failure to address known risks of workplace violence, failure to provide safe patient handling equipment, and failure to train staff on safety protocols.

When an employer’s neglect of these obligations results in physical injury to a nurse, that nurse may have a claim for workers’ compensation benefits, and in some circumstances may have additional civil claims as well. A Massachusetts lawyer who understands the intersection of employment law and healthcare regulation can advise you on the options available in your specific situation.

Violations of the Massachusetts Nurses’ Overtime Law

Massachusetts has a specific statute governing mandatory overtime for nurses. Under Massachusetts General Laws Chapter 111, Section 231, a hospital or other covered healthcare facility generally may not require a nurse to work mandatory overtime, defined as time worked beyond the nurse’s agreed-upon, predetermined, and regularly scheduled daily work shift, except in certain narrowly defined emergency situations.

A nurse who is required to work mandatory overtime in violation of this statute, or who is disciplined or retaliated against for refusing mandatory overtime in a non-emergency situation, may have a cause of action against the employer under Massachusetts law. This is a protection that is specific to nurses and other direct-care staff, and it is one that many nurses do not know they have.

Interference With a Massachusetts Nurse’s Professional License

A Massachusetts nurse’s professional license is one of their most valuable assets. An employer who takes actions designed to interfere with a nurse’s licensure, or who makes false reports to the Massachusetts Board of Registration in Nursing, may expose themselves to legal liability.

If an employer files a complaint with the Board of Registration in Nursing in bad faith, meaning not out of a legitimate concern for patient safety but rather as a retaliatory tactic to punish a nurse for engaging in protected activity, that conduct may form the basis of a retaliation or defamation claim in a Massachusetts court. Attorney Gaudet is uniquely positioned to advise nurses in this area, as his practice includes board defense before the Massachusetts Board of Registration in Nursing, and he understands both the employment law dimension and the licensing dimension of these situations.

Breach of an Employment Contract or Collective Bargaining Agreement

Not all Massachusetts nurses are at-will employees. Some nurses work under individual employment contracts that define the terms of their employment, including grounds for termination. Others work under collective bargaining agreements negotiated by their union. When an employer violates the terms of a contract or a collective bargaining agreement, the nurse may have a cause of action for breach of contract, or may be entitled to pursue a grievance through the procedures established under the agreement.

Before accepting a settlement offer, signing a separation agreement, or walking away from a nursing position under pressure, a Massachusetts nurse should understand whether an employment contract or collective bargaining agreement applies to their situation, and whether their employer has violated it.

What Should a Massachusetts Nurse Do If They Believe Their Employer Has Treated Them Unlawfully?

If you are a Massachusetts nurse and you believe you have been subjected to any of the types of treatment described in this article, there are several important steps to keep in mind.

First, document everything. Keep records of dates, times, what was said, who was present, and any written communications related to the conduct at issue. Do not rely on memory alone, and do not assume that employer records will be preserved on your behalf.

Second, be aware of deadlines. Many employment claims in Massachusetts have strict filing deadlines. A discrimination or retaliation claim under Chapter 151B, for example, generally must be filed with the MCAD within three hundred days of the adverse employment action. Missing this deadline can result in losing the right to pursue a claim entirely.

Third, speak with a Massachusetts lawyer before you resign, sign anything, or agree to any separation terms. A lawyer can evaluate your situation, identify the legal theories that may apply, and advise you on the options available, including administrative complaints, civil lawsuits, and board-level proceedings.

Attorney Gaudet has experience representing nurses in employment matters, board defense proceedings, and related legal disputes throughout Massachusetts, including on the North Shore, South Shore, and Western Massachusetts. If you are a Massachusetts nurse who believes your employer has treated you unlawfully, contact our office today for a consultation.

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