USCA1 Opinion

August 24, 1994

[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
___________________
No. 94-1486
JOHN J. DEFAZIO, JR.,
Plaintiff, Appellant,
v.
DELTA AIR LINES, INC. EDWARD KAHLER,
EDWARD M. CHEROF, AND W. WHITT HAWKINS
Defendants, Appellees.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Reginald C. Lindsay, U.S.District Judge]
__________________
____________________
Before
Cyr, Boudin and Stahl,
Circuit Judges.
______________
____________________
George E. Kersey on brief for appellant.

________________
Wilfred J. Benoit Jr. and
______________________
appellee.

Goodwin, Procter & Hoar on brief

________________________

____________________
____________________

Per Curiam.
__________

We have reviewed

carefully the record, the

district court opinion, and the parties' briefs in this case.

We summarily

affirm the district

for the reasons

stated in its

March 29, 1994.

See
___

court judgment essentially

memorandum of decision

1st Cir. Loc. R. 27.1.

dated

We add only the

following.
Even if we assume
the

district

terminated

in violation

dismissal of an
crime, we

court

that appellant properly raised before

claim that
of

employee who

find no merit in

he

a state

had

public policy

has only been

the claim.

been wrongfully

The

against

charged with

general rule in

Massachusetts is that "[e]mployment

either

the

employee or

almost

any reason

the

or for

at will is terminable by

employer

no reason

without notice,
at all."

Action for Boston Community Development, Inc.,

_____________________________________________
9,

525 N.E.2d 411, 412

exception

to the

exception is
1994

employment

Although

at will

v.

403 Mass. 8,

a "public policy"

doctrine exists,

the

"interpreted . . . narrowly," King v. Driscoll,

____
________

Mass. LEXIS

requires

(1988).

Jackson
_______

for

474,

a showing

at 11

that the

(Mass.

Aug. 11,

dismissal violated

1994),

and

a "clearly

established public policy," id. at 10.

__
Appellant asserts that his dismissal
policy which presumes an accused
guilty.

violated the state

to be innocent until proven

This presumption, however, serves to focus a jury on

what a prosecutor must establish so as to obtain a conviction

in a criminal
________
188, 326

case.

Commonwealth v. Boyd,
____________
____

367 Mass.

N.E.2d 320, 332 (1975) (emphasis added).

169,

It has no

applicability
does not
See
___

in the

warrant invocation of the

Borschel v.
________

1994)

employment context

procedures" and

public policy exception.

City of Perry, 512

______________

(presumption

of

is not

and, consequently,

innocence
"a public

N.W.2d 565,
"limited

568 (Iowa

to

criminal

policy applicable in

the

employment context"); Cisco v. United Parcel Services, Inc.,

_____
____________________________
328 Pa. Super. 300,

476 A.2d 1340, 1344 (1984)

of innocence applies to
an accused's

trial and is not

remaining life

supra, at 15 (statutory
_____
the employee's

Massachusetts does not appear

states

which have

arise from

Furthermore,

although

to have directly addressed the

dismissal of an employee on

addressed similar

policy, other

claims have

not a violation of

the basis

held that

public policy.

Beery v. Maryland Medical Laboratory, Inc., 89 Md.

_____
_________________________________
597 A.2d 516,
unsubstantiated
mandate of
A.2d 850
policy

523 (1991) (firing based

allegations does

claim

based

upon

A.2d at

App. 81,

any clear

denied, 325 Md.

______
1344 (rejecting

dismissal

See
___

on fellow employee's

not "contravene

public policy"), cert.

____
(1992); Cisco 476
_____

King,
____

to warrant invocation

is a violation of public

such a dismissal is

see also
___ ____

right "must relate to or

of public policy exception).

of a mere accusation

"superimposed into

experiences");

status as an employee"

question of whether a

(presumption

following

329, 600
public
criminal

-3-

accusation); Borschel, 512 N.W.2d (discharge after accusation

________
of

sexual abuse

aware

of nothing

not violation
which

of public

suggests that

policy).

We are

Massachusetts

would

decide otherwise.
Appellee's

request

for

sanctions

judgment of the district court is affirmed.

________

is

denied.
______

The

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