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Massachusetts Employment Law Questions & Answers
0 Answers | Asked in Employment Law for Massachusetts on
Q: Can an employer keep you from working in a certain software?

In my employment agreement it states I cannot offer services "offered by the Company for clients who are also clients of SOFTWARE" so if a customer was never a client of the Company but use the same SOFTWARE is that prohibited or are they fair game?

0 Answers | Asked in Criminal Law, Employment Law, Health Care Law and Identity Theft for Massachusetts on
Q: Should my business partner report her husband hack her computer and emails including our personal, business info

My business partner and I have worked together in Healthcare for 8 years and decided to open a part time homecare business. Her husband is very insecure and the Jealous type. He has been convinced we were having an affair but we are not. We are good friends and share personal, business and chat... Read more »

0 Answers | Asked in Contracts and Employment Law for Massachusetts on
Q: Can my employer retaliate if I do not give 90 days notice as stated in my contract, working as a nurse practitioner

I am considered an "at will" employee, however, I do have a contract that I have signed and the contract requires I give 90-days notice upon leaving. In my resignation letter, I gave 60+ days but they are telling me that I need to stay the full 90 days. I do not feel as though they will... Read more »

0 Answers | Asked in Employment Law for Massachusetts on
Q: Are broad sweeping and highly restrictive non-competes enforceable in MA?

Non-Competition. During employment and for 12 months after the Separation Date (the “Restricted Period”), Employee will not, directly or indirectly, in any jurisdiction in which Employee provided services or had a material presence or influence on behalf of the company during the final 2 years... Read more »

0 Answers | Asked in Employment Law and Employment Discrimination for Massachusetts on
Q: My company sent me a litigation hold saying I may be in possession of documents related to a case against the company.

They say I was identified as someone who may have information relevant to an allegation of discrimination based on a disability. They also name the person bringing the case. They are asking me to acknowledge receipt of the hold, and that I should preserve said documents. I have no knowledge or... Read more »

0 Answers | Asked in Employment Law for Massachusetts on
Q: My employer will not be fighting my unemployment claim in court tomorrow. Does this mean it automatically be approved?

I have a hearing for an appeal on my unemployment claim tomorrow- I quit my job due to medical needs. My employer has let me know they will not be attending tomorrow and have no intent of fighting this claim. Does this mean my claim can still be denied?

I informed them several times that... Read more »

0 Answers | Asked in Employment Law for Massachusetts on
Q: Boss posted social media video of me bartending without permission. I wrote letter to take it down. He has not.

I work as a bartender. My boss posted of a video of my bartending skills on social media. He did not ask my permission. I wrote a letter addressed to my boss asking him to take down the video and that he does not have my permission to post any photos, videos, etc. of me while working. I have a... Read more »

1 Answer | Asked in Employment Law, Civil Litigation and Civil Rights for Massachusetts on
Q: My Attorney has reached an agreement to settle my lawsuit, but with conditions I didn’t agree to.

It’s a discrimination lawsuit

William J. Amann
PREMIUM
William J. Amann
answered on Dec 11, 2022

Inform your attorney of this in writing and speak with your lawyer about what sounds like a serious misunderstanding.

1 Answer | Asked in Contracts, Employment Law, Business Law and Civil Litigation for Massachusetts on
Q: How many days does the Law state that a Plaintiff can put their Response to Defendant's Counterclaims in?

Since the Plaintiffs' were over the 20 days from service what is the Motion called that can be put in? How does this Motion work within the Courts and/or Judge?

William J. Amann
PREMIUM
William J. Amann
answered on Oct 24, 2022

20 days from service, see Massachusetts Superior Court Rules 12 and 13.

1 Answer | Asked in Business Law and Employment Law for Massachusetts on
Q: What does the law say about an employee who lied on their application form or submitted fake qualification records?

Employee submitted fake driving records and was let go when real ones where obtained by HR. Company reputation was damaged.

William J. Amann
PREMIUM
William J. Amann
answered on Oct 4, 2022

Good morning. Based on the information you provided, I am assuming a former employee submitted bogus driving records and when that was discovered, was fired and subsequently has been defaming the company. If that is the case, it sounds like there might be a potential defamation case but suing... Read more »

1 Answer | Asked in Employment Law for Massachusetts on
Q: Can I share an email I created and sent to an employer. It does not include their response.

It will be used as proof that I submitted a freelancers invoice for payment.

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 26, 2022

There are generally no laws that would prevent you from doing this, but you should check your employer's policies on email security before doing so. If an employer adopts a policy against using your work email for purposes other than the work for the employer, you could be disciplined if you... Read more »

1 Answer | Asked in Employment Law for Massachusetts on
Q: Can an employer in NH make a MA resident use vacation time instead of sick time when sick with Covid?

My husband lives in MA but works in NH. Can his employer make him use his vacation time if he's sick with Covid?

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 18, 2022

Yes. There are no laws that require employers to pay their employees for time off work for any reason (and additional COVID-19 laws that would apply to this situation expired in 2020), so if the employer offers any form of paid time off, it can require that it be used according to its own... Read more »

2 Answers | Asked in Criminal Law, DUI / DWI, Employment Law and Workers' Compensation for Massachusetts on
Q: Former UPS Driver wrongful termination?

Hi! I am a former UPS driver who was terminated after an employee accused me of drinking alcohol in the UPS truck and "acting drunk". The police were called and I passed a field sobriety test. My manager required me to submit to a "drug and alcohol test" although when I went... Read more »

Michael Levin
PREMIUM
Michael Levin
answered on Dec 22, 2021

Generally speaking, an employer can always require a drug test. However, your question appears under the heading of "workers' compensation," which only deals with workplace injuries. It belongs under the heading of "employment law," and I will defer to experts in that... Read more »

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1 Answer | Asked in Employment Law for Massachusetts on
Q: Can my employer refuse to pay me for missing work due to being positive for covid?

Owner of company knowingly put me in danger of contracting covid by making me drive in a work van while he was visibly, extremely sick. Within days of that exposure I was diagnosed as covid positive. Refuses to pay me.

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 24, 2021

While numerous laws were enacted in response to COVID-19 in 2020, these extra protections all expired on December 31, 2020. Now, whether and how much pay you are entitled to is governed strictly by the Fair Labor Standards Act (FLSA). The FLSA does not require employers to offer sick pay or pay you... Read more »

3 Answers | Asked in Employment Law and Immigration Law for Massachusetts on
Q: Which work Visa do I need as a Bangladeshi citizen to work @ a Coffee business in Boston MA. They are my ex UK employer.

Dear Sir/Madam,

I am from Bangladesh, I recently received job offer from an employer in US and I would like to know what's the procedure for Bangladeshi citizens to be able to meet the immigration requirements. I will be working at a Coffee chain shop in state of Massachusetts which I... Read more »

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
answered on Nov 7, 2021

You may qualify for an L visa or you will need an H visa. More information is needed. Secondly, it is the employers responsibility to take care of the initial visa requirements for the employee. I suggest you have the emplooyer contact an experienced immigration attorney.

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1 Answer | Asked in Employment Law and Employment Discrimination for Massachusetts on
Q: I was suspended from my job for 3 days no reason why was told Hr would contact me. I feel as though it's retaliation

I had reported that my accomodations for light duty were not being made and a few days later I was suspended and haven't been told why

Rhiannon Herbert
Rhiannon Herbert
answered on Oct 6, 2021

You should contact a Massachusetts employment attorney to discuss your situation. Under the Americans with Disabilities Act, it is unlawful for employers to retaliate against employees based on requests for accommodations (or, in your situation, complaints that the accommodation requested is not... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation and Health Care Law for Massachusetts on
Q: If many former employees are suing the administrator of my job and it's a valid case if I join in would I be fired?

The administrator had us working with no PPE and we all got covid. I still work at the place but people are suing the company. Would I be fired if I joined the lawsuit.

Michael Brevda
Michael Brevda
answered on Aug 29, 2021

This is a Workers Compensation question. My specialty is nursing home abuse litigation. Since you were injured in the course and scope of your employment, seek out a Work Comp lawyer. Best of luck.

1 Answer | Asked in Employment Law for Massachusetts on
Q: I need help and advice about the issues I'm having with pandemic unemployment

Had breast cancer, chemo, radiation. Applied for a job, then covid hit. My immune system was really low as it was. Then went blind for over 6 months. Found out I have type 1 diabetes. Insulin 4 orore times a day. Immune system even lower. Trying to look for a job but they want me to pay them back... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 8, 2021

I'm sorry for your ordeal. This is something that a Massachusetts attorney could advise best on, but your post remains open for three weeks. You could repost under Employment Law. If you still don't get a response, try reaching out to attorneys to see if you could arrange a free... Read more »

1 Answer | Asked in Employment Law for Massachusetts on
Q: can an employee legally waive their break if working six hours or more?

would my employer get in trouble if i waived my breaks? i work 8 hours a day in MA and prefer to not take breaks

Rhiannon Herbert
Rhiannon Herbert
answered on May 26, 2021

Federal law does not require employers to offer any break periods to employees, so whether you are offered or take breaks does not give rise to any legal claim in and of itself. However, if you are told you must take breaks, then you can disciplined if you do not do so. In addition, while employers... Read more »

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