A Suffolk County Superior Court jury awarded a plaintiff, a terminated employee, nearly $4.75 million, in what is believed to be the first Massachusetts state court judgment on a retaliation claim under the Massachusetts Paid Family and Medical Leave Act (PFMLA).
The case, Boyle v. Wayfair, Inc., Case No. 2184-CV-02754, offers important lessons to employers considering discipline, performance improvement plans, demotions, or termination shortly after an employee returns from protected leave.
In April 2019, Wayfair, Inc. (Wayfair) hired the plaintiff, Mary Boyle (Boyle) as a senior manager in its Service Innovation Division. After transitioning roles internally—and receiving performance reviews with varying levels of satisfaction—Boyle took protected leave under the federal Family and Medical Leave Act (FMLA), followed by additional leave under the cognate state PFMLA.
Boyle’s leave under the PFMLA began on January 1, 2021. Upon her return to the workplace on June 1, 2021, Boyle was put on a performance improvement plan (PIP). When Wayfair determined that Boyle had not improved, she was terminated on August 10, 2021. Notably, this termination occurred within six months of Boyle’s return from PFMLA leave.
Boyle brought suit, claiming:
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