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Cormier v. Pezrow New England2/27/2001
ngs by the Superior Court, pursuant to ?? 5 and 6, or a "civil action for damages or injunctive relief or both in the superior or probate court for the county in which the alleged unlawful practice occurred . . . ," pursuant to ? 9.
Here, the alleged unlawful act claimed by the plaintiff was his unlawful discharge because of his age. For our purposes, a discharge under the statute may be defined as the permanent, involuntary separation of an employee from his employment by his employer.
We agree with the plaintiff that the place where the employee is notified of his discharge does not necessarily establish the place where the alleged unlawful discharge occurred. To hold otherwise would allow employers to circumvent G. L. c. 151B by simply notifying employees of their discharge when they are not in the Commonwealth.
Here, however, although the plaintiff lived in Hampden County and had customers that were, for the most part, in Hampden County, the undisputed evidence is that he worked in Enfield, Connecticut, where he kept his desk and files and conducted routine business activities. It is clear that his discharge, i.e., his involuntary permanent separation from his employment by his employer, did not occur in Hampden County.
Therefore, the defendant's motion to dismiss and its subsequent motion for a directed verdict both based on improper venue should have been allowed. Because of our decision, it is not necessary to consider the other issues raised by the defendant.
The judgment for the plaintiff is vacated and judgment is to enter for the defendant.
So ordered.
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