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Worker claim denied




Mansfield wins retaliation case
MANSFIELD - A retaliation complaint filed against the town by a former electric company employee has been dismissed by the state's top discrimination agency.

The Massachusetts Commission Against Discrimination rejected a claim levied by Jack Beliveau, former electric department director, that alleged town officials made defamatory statements about him after he successfully sued the town.

"The town is pleased with the finding," said Town Manager John D'Agostino, who was personally named in the complaint, along with Selectwoman Sandra Levine, the town of Mansfield, the board of selectmen, the municipal electric department and the board of electric commissioners.

In his complaint, Beliveau alleged town officials "engaged in a series of public statements ... that are false, disparaging and defamatory."

Beliveau claimed the statements have cost him multiple job opportunities. The complaint focused on statements made after Beliveau settled an employment lawsuit with the town for $1.6 million in August 2007.

Beliveau claimed that in October 2007 Town Attorney Leonard Kesten publicly stated that Beliveau diverted public funds for his own personal gain, a charge Beliveau denies.

Beliveau also claimed that Levine suggested that his lawyer acted unethically during the lawsuit, another charge he denies.

For a retaliation complaint to advance, the commission said, the complainant must prove that his actions were protected by Massachusetts law, and that it had an effect on his employment.

The complainant must also prove a link between the protected actions and employment.

In dismissing the complaint, the commission said Beliveau failed to show that he suffered any damage to his ability to seek or retain employment. He has been employed at the same job since June 2004, three years before the retaliatory comments allegedly occurred.

Beliveau had argued that the his failure to land jobs at Boston Edison and an electric company in North Carolina were the result of the comments made about him, but the commission said he failed to show the comments had any effect on his failure to get the jobs.

Multiple calls to Beliveau's home and cell phone Friday were not immediately returned, but he told The Sun Chronicle last year that he filed the complaint to put an end to what he felt were attacks on his character.

"And not only did they not stop, they basically escalated the situation," Beliveau said in December. "So, frankly, I didn't see any other way to get their attention but to file another complaint."

As part of the dismissal, Beliveau has the right to appeal the decision, but it's not clear if he will. D'Agostino said, while he hopes the dismissal puts an end to the matter, he would understand if Beliveau chooses to appeal.

"It's his decision, it's his right," he said.

Matt Kakley covers Mansfield for The Sun Chronicle. He can be reached at mkakley@thesunchronicle.com or at 508-236-0333.

 


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oldbastard wrote on Aug 9, 2008 3:17 PM:

" D'Agostino is quoted as "...he hopes the dismissal puts an end to the matter....".

When the matter was settled they(the Board of Selectman) all allowed the Attorney representing the town to go in a public forum (a Board of Selectman meeting) and make charges and attack Mr Beliveau's character. The suit had been settled.

Give us a break-they should have just shut up !!!!! They just poured more gasoline on the fire. "


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