[MA] [MA] Do my coworkers and I have legal grounds for a class action lawsuit against our boss who bullies us?

Hello, my name is Andres Sanchez, and I am an attorney with 20 years of experience. Could you let me know what type of bullying is going on?

You may have grounds for legal action, but whether you and your coworkers can proceed with a class action lawsuit depends on several legal factors.

1. Hostile Work Environment

What you’ve described — yelling, degrading comments, intimidation, and abuse of authority — is toxic and unprofessional. But for a legal claim, it must violate specific laws.

To qualify as a hostile work environment under federal (Title VII of the Civil Rights Act) or Massachusetts law (Chapter 151B), the behavior must be:

• Severe or pervasive, and
• Based on a protected class (race, gender, age, disability, national origin, etc.).

Ask yourself and coworkers:

• Does she treat men worse than women (or vice versa)?
• Has she made inappropriate comments about gender, race, or other protected traits?
• Does her behavior disproportionately affect certain groups?

If so, that supports a discrimination-based hostile environment claim.

2. Bullying or Toxic Workplace

Massachusetts (like most states) does not have a general anti-bullying law for private-sector employees unless:

• It’s tied to discrimination,
• It’s retaliation for reporting misconduct, or
• It violates other labor protections.

So, bullying by itself isn’t always illegal unless linked to one of the above.

3. Class Action Feasibility

A class action requires:

• A common pattern of abuse,
• Similar harm suffered by multiple employees, and
• Employer knowledge with no corrective action.

The fact that multiple complaints were filed and the company didn’t discipline her strengthens your case. Each employee should document their experience — that’s key for determining if a class or multiple-plaintiff case is viable.

4. Retaliation

If you’ve filed internal complaints and faced negative treatment afterward (write-ups, denied promotions, shift changes), that could support a retaliation claim — often easier to prove than discrimination.

Okay. That investigation can serve as evidence.

That could strengthen your claim if it’s gender-based discrimination.

Step 1: Retain an Employment Attorney

Start by consulting an experienced employment attorney in Massachusetts who handles:

• Workplace harassment/discrimination
• Hostile work environments
• Retaliation
• Class or collective actions

They will:

• Review all complaints,
• Determine legal bases for discrimination or retaliation, and
• Assess whether a class action or multiple-plaintiff suit is feasible.

Step 2: Gather Evidence

Each coworker should collect:

• HR complaints (emails, dates, responses)
• Witness statements
• Written communications from the Pit Boss
• Notes of specific incidents (dates, details, witnesses)
• Proof of retaliation (missed promotions, schedule changes, etc.)
• Create a timeline of incidents for each employee.

Step 3: Avoid Retaliation

Don’t confront the Pit Boss or HR about potential legal action. If the casiono retaliates after learning you’re exploring legal remedies, that’s a separate and powerful claim.

Step 4: File with MCAD or EEOC

If the harassment is gender-based, your lawyer will likely advise filing a complaint with:

• MCAD (Massachusetts Commission Against Discrimination), and/or
• EEOC (Equal Employment Opportunity Commission).

This preserves your rights and starts the timeline toward a lawsuit.