306 Mass. 613 | Mass. | 1940
The plaintiffs in these ten actions of contract were employees of the cemetery department of the defendant, within the classified civil service. They were
The plaintiffs Forsberg, Ingandela, Krook and Nikkula were listed in the civil service lists as “recurrent laborers,” and the other plaintiffs were listed as “laborers.” We put to one side the contention that the four men named, by the nature of their listed employment (compare O’Brien v. Inspector of Buildings of Lowell, 261 Mass. 351; Frye v. School Committee of Leicester, 300 Mass. 537), and all the plaintiffs, by the nature of their actual employment, were entitled, not to continuous employment, but only to continuous connection with the public service until the statutory requirements for suspension were met. We assume in favor of all the plaintiffs, without so deciding, that laying them off for the winter without formal written notice under G. L. (Ter. Ed.) c. 31, § 43, was an unlawful suspension. Goss v. District Court of Holyoke, 302 Mass. 148.
The civil service laws are intended to protect an officer or employee from unjustified removal or suspension against his will. They do not override his will. He may resign at any time. Ladd v. Newburyport, 232 Mass. 570. If he is
From the finding of the auditor that the plaintiffs acquiesced each year in their suspension for the winter, the judge could find that their conduct justified the defendant in assuming that each party to the contract of employment was absolved from obligation to the other for the winter, and that the contract of employment was modified accordingly. Globe Ticket Co. of New England v. Boston Retail Grocers’ Association, 290 Mass. 235, 238. Tudor Press, Inc. v. University Distributing Co. 292 Mass. 339, 341. Splaine v. American Powder Co. 298 Mass. 114, 116-117. Timmins v. F. N. Joslin Co. 303 Mass. 540, 542. The requests for rulings presented by the plaintiffs were inconsistent with the view which we have taken, and were properly refused.
Exceptions overruled.