Where (1) a plaintiff employer filed a complaint alleging that the defendant dentist breached her employment agreement and (2) the defendant has asserted a counterclaim for breach of the implied covenant of good faith and fair dealing, that counterclaim should not be dismissed, as the employer might be found to have deprived the defendant of her contractual right to work in a professional dental office.
“Dr. Sravanthi Tapal used to work for Dental Dreams, LLC, as a dentist. Dental Dreams claims that Tapal breached their employment agreement by resigning after giving only two-weeks-notice, rather than the 90-days-notice required by their contract. …
“Dr. Tapal has stated a viable claim for breach of the implied covenant of good faith and fair dealing. …
“The assertion by Dental Dreams that an employee may sue for breach of this implied covenant only where they are fired in order to deprive them of a previously earned benefit is without merit. For example, the Appeals Court has upheld findings that an employer violated the implied covenant by not giving its employee time to respond to accusations of misconduct, refusing to honor a contractually-guaranteed severance payment, and threatening to ruin the employee’s career if they did not immediately resign. See Williams v. B&K Medical Systems, Inc., 49 Mass. App. Ct. 563, 569 (2000).
“Tapal alleges that Dental Dreams deprived her of the fruits of her employment contract by requiring her to work in an...
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