Amendment #97 to H3983

Protection Against Retaliation for Participating in UI Proceeding or Hearing

Representatives Livingstone of Boston, Andrews of Orange, Balser of Newton, Collins of Boston, Coppinger of Boston, Cullinane of Boston, Cutler of Duxbury, Decker of Cambridge, Donahue of Worcester, Devers of Lawrence, DiZoglio of Methuen, Farley-Bouvier of Pittsfield, Garballey of Arlington, Gordon of Bedford, Hecht of Watertown, Keefe of Worcester, Khan of Newton, Lewis of Winchester, O'Day of West Boylston, Provost of Somerville, Rogers of Cambridge, Rushing of Boston, Sannicandro of Ashland, Sciortino of Medford, Smizik of Brookline, Toomey of Cambridge, Zlotnik of Gardner and Heroux of Attleboro moves to amend the bill by inserting in Section __ at the end the following:

SECTION 78.  Section 47 of chapter 151A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the fourth paragraph the following paragraph:-

The receipt of any notice of termination of employment or of any substantial alteration in the terms of employment within 6 months after an employee has provided evidence in connection with a claim for benefits under this chapter, or has testified at any hearing conducted under any provision of this chapter, shall create a rebuttable presumption that such notice or other action is a reprisal against the employee for providing evidence.  Such presumption shall be rebutted only by clear and convincing evidence that such employer’s action was not a reprisal against the employee and that the employer had sufficient independent justification for taking such action, and would have in fact taken such action, in the same manner and at the same time the action was taken, regardless of the employee’s providing evidence in connection with a claim for benefit under this chapter. An employing unit found to have threatened, coerced or taken reprisal against any employee pursuant to this paragraph shall rescind any adverse alteration in the terms of employment for such employee and shall offer reinstatement to any terminated employee and shall also be liable for damages and costs of the suit, including a reasonable attorney’s fee.

Additional co-sponsor(s) added to Amendment #97 to H3983

Protection Against Retaliation for Participating in UI Proceeding or Hearing