[MA] [MA] Can I fight unfair treatment and harassment by my former employer?
I enrolled in an employer-sponsored educational program that was marketed as career-advancing, with full salary/benefits while studying. After two semesters, I got a poor performance review citing only my participation in the program. Reviews affect my trajectory and reputation. I think that’s a breach.
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I enrolled in an employer-sponsored educational program that was marketed as career-advancing, with full salary/benefits while studying. After two semesters, I got a poor performance review citing only my participation in the program. Reviews affect my trajectory and reputation. I think that’s a breach.
Have you taken steps?
I asked them to forgive the debt. They keep threatening legal action with very short deadlines for large payments.
Review the contract and look for promises/requirements. Document everything. Consider breach and unequal enforcement.
The contract only covers staying/repayment. All “promises” were in promotional materials/press releases.
Then consider promissory estoppel, misrepresentation, and implied terms. Gather the promos and press releases.
Do I also have a claim if they used the debt to make me work in a higher-level role without extra pay? They only took my pay concerns seriously after I got two outside offers $50–60k higher.
Possible unjust enrichment, implied/quasi-contract, maybe retaliation depending on facts. Save emails, reviews, job descriptions, and the outside offers. Talk to an employment lawyer.
You may have unjust enrichment and possibly retaliation claims, but it’s trickier if the contract is silent on promotions/comp. Was there any agreement linking the program to a raise or title? Which state?
There’s a press release marketing the program as a career accelerator. I’m in Massachusetts. Also, unequal enforcement: another participant left for a non-competitor and wasn’t asked to repay; I left for a competitor and they’re pursuing me. Their counteroffer was far below my market offers, and my manager sent a coercive email about my debt—“hopefully a non-issue if I stay.”
You could be dealing with promissory estoppel/misrepresentation (93A/940 CMR 3.00). Unequal or selective enforcement can bolster defenses or leverage negotiations if similarly situated people were treated differently.
Your manager's emial suggests bad-faith pressure (940 CMR 7.00). It may not void the debt, but it supports unfair enforcement arguments.
An old manager told me verbally I wouldn’t be pursued for repayment, but he’s retired and his wife still works there—he might fear retaliation.
A signed declaration from him would help, even if not decisive.
Timeline: My manager retired Oct 2023; I informally took over. Feb 2024 reorg acknowledged the vacancy; I was told not to worry because I was already doing the job, but “too junior” for the title. Someone comparable was hired into a similar adjacent role. I was labeled “acting” manager in emails/meetings. They dangled the role if I proved myself for a year. I delivered 50% YoY growth. I left in Nov 2024. On my last day and again in Jan, they demanded $38k. In Mar 2025 they sent a certified demand: pay $38k in 7 days or face legal action. I’d requested the contract/proof, but they hadn’t provided anything. Is this illegal or unfair debt collection?
A 7-day pay-or-sue letter without validating the debt is concerning and may be unfair/deceptive, especially after you asked for proof. Keep all records.
Before the certified letter, my manager threatened legal action directly and sought my personal phone via coworkers.
That can look like harassment and bolster an unfair enforcement/collection argument.
TJ, Esq.
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