Get free answers to your Employment Law legal questions from lawyers in your area.
I do not agree with a single part of the settlement agreement and I do not want to lose my rights to sue. Can my employer terminate me if I refuse to accept and sign the release of claims.
answered on Mar 24, 2018
Is your employer asking you to do this as part of a settlement of your claim? If so, then it is up to you whether or not the settlement is worth signing the release and withdrawing your claim.
I asked for a copy of the policy I broke and I was denied. I feel this is wrongful termination. How can I prove it. We don't have union so I'm on my own. Can anyone help?
answered on Mar 16, 2018
Unless there is a specific provision at your employer that limits the grounds for termination, you are considered an employee at will and can be terminated for any reason or no reason. I strongly suggest you contact an employment attorney who litigates and meet with her/him to determine what... View More 
answered on Mar 16, 2018
It depends if your ownership has vested or not and the reason for the termination. Absent a provision that calls for forfeiture of vested stock for specific reasons, any stock you have that has been vested will be retained. Any non-vested stock will be forfeited.
I got a raise from $13 to $14/hour. I agreed to $14 and only got it as I said i'd work 1 Saturday a month. Otherwise they were not going to give me a raise at all. I asked for $15, but my employer won't agree to it unless I work every Saturday. I feel I'm being punished for not being... View More
If the employee is terminated, let go or the company closes, are employers required to pay them for their accumulated PTO/ETO?
answered on Mar 12, 2018
Any accrued vacation pay is required to be paid. Accumulated sick pay is not required under MA law unless the employer has a stated policy to that effect.
I'm a delivery driver for a small liquor store. I get paid minimum wage from the store, and about on average $400-$500 a week in taxed tips. In 1 year, I've delivered over $230,000 worth of product for them alone.
My boss recently said he was no longer going to pay me gas money... View More
answered on Mar 2, 2018
The question involves a lot of complex issues. However without going through a detailed analysis and determining what employment policies your firm has, the answer to can he force you to take a week-off the answer is yes he can lay you off for any reason he wants so long as it does not violate... View More
I work for Amtel and they told me because I called out twice because the first time I went to the clinic do to high blood pressure and I’m diabetic so my sugar was really low the second time was because I got sick with strep and fever and because of my fever I had a really high blood pressure... View More
answered on Jan 30, 2018
Contact an attorney who specializes in suits under the American's with Disabilities Act. You can call the Boston Bar Association or the Massachusetts Bar Association for a free referral. It would seem that the Company has terminated you for an invalid reason. One issue is however if you were... View More
I would like to consult with a private attorney (outside of the union) regarding next steps.
I live in Massachusetts. I'm 16 years old and I applied to a nursing home but they told me they might not be able to hire me because I might not be able to work until 11 PM. I can't find an answer online. Everything seems to suggest it's only like that for minors that go to school but I don't.
answered on Jan 16, 2018
The answer according to the Mass Attorney General and the ma.gov website is as follows:
16 and 17-year olds work hours
Only between 6 a.m. and 10 p.m. (on nights preceding a regularly scheduled school day) - if the establishment stops serving clients or customers at 10:00 p.m., the... View More
answered on Jan 16, 2018
You are entitled to be paid for accrued vacation time. The law requiring the accruing of paid sick time does not require an employer to pay for accrued but unused sick time. Depending upon how the PTO is described in the Company handbook or any employment agreement, any accrued but unused PTO may... View More
answered on Jan 11, 2018
No. Absent your authorization to do so, it is not a lawful act
If I started work for a company approximately 10 years ago, and was given a contract to sign. However I chose not to sign the initial contract. Approximately 5 years later the company came up with another contract. Again I did not read or sign the contract. I was not asked for a signed contract... View More
answered on Dec 19, 2017
There is a reason such contracts have to be in writing, non-compete agreements under MA law need to be in writing. Moreover, the second contract offered appears to lack consideration. While they have a legal argument, I believe they would lose absent a writing confirming your agreement to these... View More
I filed a legal complaint shortly after quitting in 2015, and filed a MCAD complaint in 2016. The case was settled out of court in 2017
answered on Jan 12, 2018
This irs does allow you to deduct attorney fees paid to recover in a discrimination claim on line 36 of form 1040
https://www.irs.gov/publications/p525#en_US_2016_publink100041600
I am a working mother in the state of Mass. My pay is being docked due to PTO bank being used. There is no sick leave policy in the handbook; it just covers PTO. The word sick isn't even mentioned. I have used all of my PTO for my sick children, and myself being sick. Can they legally dock my... View More
answered on Dec 11, 2017
First, any deduction for sick time has to be consistent with company sick time policy. If the company does not have a formal policy, they still have to charge your absences against your accrued sick time. MA requires that every employee shall be entitled to accrue and use 40 hours of sick time over... View More
So my employer is the medical director at a psychiatrist office. I am an administrative assistant. His wife, who does not have a visa to work in this country, randomly drug tested me, in a public bathroom that is shared with the whole office building of different businesses, with a store drug test,... View More
answered on Dec 4, 2017
First of all if the medical director's wife is here on a Visa that does not permit her to work, then she is prohibited from administering any drug test for your company or any other company. In that event the use of the drug test can be challenged. Second, Massachusetts does not have a defined... View More
answered on Nov 30, 2017
Since the use of Marijuana is still illegal under Federal law companies that have a no drug use policy can still refuse to hire an employee that tests positive for the use of marijuana or fire one that tests positive. The law is still in its infant stage, but unless an employer wants to change its... View More
answered on Dec 4, 2017
If you are speaking of state requirements for CNAs, here is a starting point: https://www.mass.gov/service-details/nurse-aide-registry-program
answered on Nov 13, 2017
Basically, with few exceptions such as a Truck Driver, there is no limit on the number of hours an adult employee is allowed to work. There are conditions and limitations on an employer's right to force overtime, although most hourly employees like a little overtime.
As to the... View More
answered on Nov 7, 2017
Unless you grant them permission to look at your health records they are not entitled to see them. I am not sure what you are concerned about, but you cannot lie on a job application. For jobs that require security clearance, the entity which checks your history for security clearance may be able... View More
I currently have a L1A visa. I am aware that you aren’t allowed to work/make money from anything else beside the company who sponsored my visa.
I used to be active on my own social media in the country I came from and I would like to carry on working on it here in America during my free... View More
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