McSorley said she repeatedly attempted to discuss the offer with her lawyers but got no response until October 2023, when they again advised her not to accept the offer and told her they would file a complaint with the Massachusetts Commission Against Discrimination (MCAD), a prerequisite administrative remedy, before pursuing a bias complaint in court.
But the firm failed to follow through, according to the suit, and when a deadline for filing the MCAD complaint passed in January 2024, it prevented her from making any employment discrimination claim later in court.
McSorley said she subsequently attempted to handle the matter on her own and told GAF she would accept the severance agreement, but GAF told her that the offer was no longer on the table.
“GAF had been handed an irredeemably strong position for denial as a result of defendants’ failure to perfect [McSorley’s] MCAD claim,” the complaint said.
McSorley also said she was not given her file after terminating Flam and Gordon, and at no point was told that they had any concerns about the potential merits of the case.
