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David I. Brody quoted in Massachusetts Lawyers Weekly on U.S. District Court dismissal of employment case

David I. Brody, partner in the firm’s Employment Department, was quoted in a Massachusetts Lawyers Weekly article titled, “Judge nixes suit over job offer pulled for ‘microaggression.'” The article discusses a case in which a plaintiff’s job offer was rescinded after he used microaggression in an email. The case was ultimately dismissed by the U.S. District court due to the fact that the plaintiff had not signed a contract to legally confirm his position.

From the article:

Boston attorney David I. Brody, who has represented a number of school superintendents in his employment practice, questioned whether Perrone should have been decided on a motion to dismiss, given the allegations in the complaint concerning the contract negotiations between the parties.

“It is well-established that an individual can have their procedural due process rights violated by having public employment taken away,” Brody said. “The court here came down and said there was no contract.”

Viewing the decision as having limited application, Brody emphasized that the judge in granting the defendants’ motion to dismiss relied on a state statute establishing a specific framework for school districts to follow in the hiring of superintendents.

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