$4.7 Million Wake-Up Call: Massachusetts’s First PFMLA Retaliation Verdict Puts Employers on Notice
On April 27, a jury handed down what is reported to be the first verdict in Massachusetts validating a retaliation claim under the Massachusetts Paid Family and Medical Leave Act (PFMLA). In Boyle v. Wayfair, LLC , the jury found that Wayfair retaliated against plaintiff Mary Boyle for taking PFMLA leave, despite Boyle’s poor — and well-documented — performance reviews that predated her leave. The verdict resulted in a $4.7 million award, including $4 million in punitive damages, $600,000 for emotional distress, and more than $75,000 in back pay, emphasizing the significant risk employers face when terminating employees within six months of their return from PFMLA leave. The Six-Month Presumption and Its Evidentiary Burden Typical claims of unlawful retaliation place the initial burden of proof on the employee, but not for adverse actions occurring within the six months following an employee’s return from PFMLA leave. In this window, the Massachusetts legislature codified a...