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Massachusetts Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Massachusetts on
Q: If I get fired in MA do I lose my company stock? Is it better to resign or get fired? Can you resign while suspended?
Jonathan R. Roth
Jonathan R. Roth
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.

0 Answers | Asked in Employment Law and Workers' Compensation for Massachusetts on
Q: Is it ok for employer to withhold a raise because I won't work Saturdays?

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

1 Answer | Asked in Business Law and Employment Law for Massachusetts on
Q: Does Massachusetts state law require employers to pay an employee for their accumulated sick time?

If the employee is terminated, let go or the company closes, are employers required to pay them for their accumulated PTO/ETO?

Jonathan R. Roth
Jonathan R. Roth
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.

1 Answer | Asked in Employment Law for Massachusetts on
Q: is there anything I can do?

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

Jonathan R. Roth
Jonathan R. Roth
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

1 Answer | Asked in Employment Law, Employment Discrimination and Civil Rights for Massachusetts on
Q: Can I sue?

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

Jonathan R. Roth
Jonathan R. Roth
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

0 Answers | Asked in Libel & Slander, Employment Law, Civil Rights and Education Law for Massachusetts on
Q: I am a teacher who has recently been placed on administrative leave due to an undisclosed allegation made by a student.

I would like to consult with a private attorney (outside of the union) regarding next steps.

1 Answer | Asked in Employment Law for Massachusetts on
Q: Is it legal for me to work until 11 PM?

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.

Jonathan R. Roth
Jonathan R. Roth
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...
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1 Answer | Asked in Employment Law for Massachusetts on
Q: Can my employer deny to pay me full PTO hours upon termination?
Jonathan R. Roth
Jonathan R. Roth
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

1 Answer | Asked in Employment Law for Massachusetts on
Q: Can an employer take the signature page from a document that I signed and attach it to a revised policy that I didnt rea
Jonathan R. Roth
Jonathan R. Roth
answered on Jan 11, 2018

No. Absent your authorization to do so, it is not a lawful act

1 Answer | Asked in Contracts and Employment Law for Massachusetts on
Q: Company claims I am bound b the terms of an unsigned contract.

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

Jonathan R. Roth
Jonathan R. Roth
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

1 Answer | Asked in Employment Discrimination, Employment Law and Tax Law for Massachusetts on
Q: I settled an employer age discrimination/retaliation complaint in 2017...can I claim fees 2015-17 on my taxes

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

John Espinosa
John Espinosa
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

1 Answer | Asked in Employment Law for Massachusetts on
Q: Salaried exempt employee's pay being docked due to sick days

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

Jonathan R. Roth
Jonathan R. Roth
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

Q: What could I sue for in this drug test instance?

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

Jonathan R. Roth
Jonathan R. Roth
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

2 Answers | Asked in Employment Law for Massachusetts on
Q: What are the laws in MA regarding testing positive for marijuana on a new employer drug test if I have a MA medical card
Jonathan R. Roth
Jonathan R. Roth
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

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1 Answer | Asked in Employment Law, Business Law and Health Care Law for Massachusetts on
Q: can Massachusetts mandate certified nursing assistants?
John Espinosa
John Espinosa
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

1 Answer | Asked in Employment Law for Massachusetts on
Q: Is there a limit of hours an adult is allowed to work? Is a job responsible after shift has ended (ex: car accident)?
Jonathan R. Roth
Jonathan R. Roth
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...
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1 Answer | Asked in Employment Law for Massachusetts on
Q: I wanted to know if employers could see my health records when i apply or want a job and how much can they see.
Jonathan R. Roth
Jonathan R. Roth
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

0 Answers | Asked in Employment Law and Immigration Law for Massachusetts on
Q: Can I work on my personal social media while I'm on a L1A visa?

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

1 Answer | Asked in Employment Law for Massachusetts on
Q: The cafe I’m working for is closing for 6-8 months to rebuild. Can I collect? Who is responsible? State of business?
Jonathan R. Roth
Jonathan R. Roth
answered on Oct 22, 2017

Assuming you have enough weeks worked to qualify you can collect unemployment.

0 Answers | Asked in Employment Discrimination, Employment Law and Family Law for Massachusetts on
Q: is it legal/fair for a employer to deny you a job even though you are qualified just because of family?

My mother, sister and stepfather all work at this employer.... mind you it isnt a small employer ... they denied me a job because they work there as well

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