After over three years of litigation at the Massachusetts Commission Against Discrimination (“MCAD”), Attorney Murphy’s client prevailed against her former employer, a nursing and rehabilitation center. During the 3 day trial, Attorney Murphy successfully proved that the employer’s basis for termination was actually pretext to hide its true motivation against his client, a black, female, Certified Nursing Assistant (“CNA”). Indeed, the hearing officer concluded that but for the CNA’s complaint of a discriminatory, hostile workplace, the employer would never have terminated Attorney Murphy’s client. This is because the client was one of the best and well-liked employees by residents of the facility-her 13 year work history was spotless.
Significantly, during the 3 years of litigation Attorney Murphy made several attempts to the settle the case on behalf of his client, but the employer did not believe it did anything wrong. During trial, however, Attorney Murphy quickly discredited the employer’s rationale and it became clear: the employer fired the CNA to rid itself of a “problem employee”. Thereafter, MCAD concluded this termination was illegal. See Cesar v. Danvers Management Systems, Inc. d/b/a Hunt Nursing & Rehabilitation Center (2018).
Accordingly, Attorney Murphy vindicated his client and brought her justice.
Attorney Murphy now shifts his focus to a similar case in which a different nursing home facility arguably terminated an employee for nearly the exact same reason as the above. Attorney Murphy hopes his work improves management practices in nursing homes, where unfortunately, employee protections are often disregarded.