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Employment Law Strategist

March 2010

The ‘Faithless Servant’ Doctrine

Those Engaging in Sexual Harassment May Forfeit All Compensation Paid to Them

By Mark N. Reinharz

Applying the "faithless servant doctrine," the Massachusetts Supreme Judicial Court recently permitted an employer to recover compensation it had paid to a high-level executive who had been the subject of numerous sexual harassment complaints by other employees.

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