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Melley v. the Gillette Corporation

Supreme Judicial Court of Massachusetts
Apr 15, 1986
397 Mass. 1004 (Mass. 1986)
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Summary

affirming dismissal of Chapter 151B claim because plaintiff failed to follow the statutory procedures

Summary of this case from Salvas v. Wal-Mart Stores, Inc., No
See 5 Summaries

Opinion

April 15, 1986.

Anti-Discrimination Law, Termination of employment.

Elizabeth A. Rodgers Marjorie Heins for the plaintiff.

Joseph F. Ryan for the defendant.

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 (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. Judgment affirmed.

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

Summaries of

Melley v. the Gillette Corporation

Supreme Judicial Court of Massachusetts
Apr 15, 1986
397 Mass. 1004 (Mass. 1986)

affirming dismissal of Chapter 151B claim because plaintiff failed to follow the statutory procedures

Summary of this case from Salvas v. Wal-Mart Stores, Inc., No

In Melley, the SJC was asked to decide whether a plaintiff who had failed to follow the procedures set forth in Massachusetts' employment discrimination statute, M.G.L. c. 151B, could nevertheless bring an age discrimination claim based on a common law theory of wrongful termination.

Summary of this case from Valerio v. Putnam Assocs. Inc.

describing the rationale for a common law claim for termination in violation of public policy to protect "at-will" employees

Summary of this case from Logie v. Mass. Bay Transp. Auth.

refusing to create new common law claim in face of comprehensive existing statutory scheme of Mass.Gen.L. ch. 151B and noting that the Massachusetts Supreme Judicial Court disfavors "creation of duplicative remedies"

Summary of this case from Woods v. Friction Materials, Inc.

In Melley v. Gillette Corp., post 1004 (1986), this court adopted both the analysis and conclusion of the Appeals Court opinion. 19 Mass. App. Ct. 511 (1985).

Summary of this case from Lewis v. Area II Homecare for Senior Citizens, Inc.
Case details for

Melley v. the Gillette Corporation

Case Details

Full title:DAVID T. MELLEY vs. THE GILLETTE CORPORATION

Court:Supreme Judicial Court of Massachusetts

Date published: Apr 15, 1986

Citations

397 Mass. 1004 (Mass. 1986)
491 N.E.2d 252

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