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Massachusetts Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Business Law and Municipal Law for Massachusetts on
Q: In a restaurant if patio is closed can they still make us came in and fill other positions as if we were on call? Ty
Jonathan R. Roth
Jonathan R. Roth
answered on Apr 19, 2017

An employer has the right to ask a waiter or anyone else to come in to work. The question is whether you are required to go in if you were not scheduled. The fact is that you are not required to go in, but assuming you are an employee at will there is nothing to stop the employer from terminating... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: my daughter, age 17, was applying for a job at a bakery, they asked her to attend 6 hours of training to see if she cld

do the job. she is now asked to work. do they owe her for the 6 hours of training?

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 5, 2017

Training should be paid. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice... View More

2 Answers | Asked in Employment Law for Massachusetts on
Q: Is it wrong to hire someone for a specific job and then have them rarely do what you hired them for

I was hired at Cernak Buick as a detailer yes i did occasionally wash cars but it was rare i would mostly be out sweeping and shoveling sand from the parking lot or taking out the trash bringing the ramps around to the doors of the showroom so they could bring cars in and out trimming their hedges... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 22, 2017

You can quit if you like. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice... View More

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1 Answer | Asked in Employment Law for Massachusetts on
Q: I invented a valve while working for fatten controls inc. I was a supervisor not an engineer in 2002. Should I have got

Gotten royalties for it as I was not an engineer and that was not my job. A company president told me I should have gotten a financially awarded. Is this true? What should I do if anything?

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 19, 2017

Did you invent it on company time and/or with company resources? Did you sign an IP release contract? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: Physician contract

I am a Physician and had signed an employment contract with another physician 4 years ago which I could not honor due to personal reasons. 4 years down the line he is suing me. Yes, it was wrong that I did not join him but I gave him ample notice and I just did not feel comfortable taking up the... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 17, 2017

It sounds like you're being sued for breach of contract. Why did he wait 4 years? Laches, among other possible defenses, may be a defense. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Massachusetts on
Q: Can an employer suggest asking your doctor for early maternity leave when an issue is brought to his attention?

I Was pregnant two years ago and the issue still makes me upset and uneasy. A coworker had been talkin about me multiple times maliciously to other coworkers about my status at work and being pregnant. When brought to my general managers attention he suggested I talk to my doctor about taking... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 6, 2017

Is there a continuing hostile work environment or gender-based discrimination issue here? That should be investigated. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: Is it legal in Massachusetts to lay off an employee and not provide any end date of employment.
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 24, 2017

Your termination date is generally when you're notified of the lay-off, unless another date is specified. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: Is it legal in Massachusetts for an employer to lay off an employee in which they provide no end date?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 24, 2017

See my answer to your identical question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... View More

1 Answer | Asked in Employment Law and Contracts for Massachusetts on
Q: I'm an inde contractor live in MA, work for a company in NJ. Not paid in 1 year. Where to file lawsuit - in MA or NJ?

I am a draftsman and do work for a fabricator in NJ. I have not received a penny from them in an entire year now. I want to file a suit for the $35k they owe me but I am not sure where to do this. I hope I do not have to file this down in NJ since I work here in MA. Please Advise

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 18, 2017

If you formed the contract while you resided in MA, you may be able to sue them in MA for breach of contract, unless the contract you signed states otherwise. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Massachusetts on
Q: Can an employer ask a employee for there court records? Also does a employer have to pay an employee on admin leave?

I know it's illegal to make an employee do there own background check I just didn't know about court records?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 12, 2017

Court records are typically public documents. What is the basis of the administrative leave? If it's based on employee violations, then I see no reason for pay during that period. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: I am part time but I work full time hours. How many weeks can I work before offered full time?

I am part time and I have been working full time hours for weeks now, how many weeks can I work full time scheduled hours before my employer has to legally offer me full time position?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

Are you seeking an employment contract? You seem to already be in a full-time position. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: Does the state of Massachusetts mandate employers pay unused vacation/sick time at termination of employment?

My employment has been terminated in the state of Massachusetts. I was offered a severance package. The contract states that I will not be paid unused sick or vacation time, unless governed by the state.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

See: http://www.mass.gov/ago/docs/workplace/earned-sick-time/est-faqs.pdf (page 10)

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,...
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1 Answer | Asked in Employment Law for Massachusetts on
Q: Job offer taken back ...

I was offered a job from a medical facility in boston which I accepted, I then turned down another offer from different employer. Later in afternoon, the HR person from offer I accepted called and left a voice mail on my cell phone ( which I made sure I saved) that she hired me in error. I am... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 3, 2017

That type of error may be grounds for damages in a promissory estoppel and negligence lawsuit. It depends on the nature of the offer and acceptance and the extent of damages. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: I'm full-time exempt in MA. Employer was closed 12/26, but they're making us use a vacation day. Legal?

Often close the corp office and require us to put it in to ADP as our (very limited) earned time off.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 18, 2017

If the employer closed the business on a certain day, they cannot count that as one of your vacation days. You'll have to decide whether it's worth it for you to complain about this or move on to a better employer. The best first step is an Initial Consultation with an Attorney. You can... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: I got a job offer that says I will be an "at-will" employee. What does that mean?
Nan Evans
Nan Evans
answered on Dec 21, 2016

That means that you can be fired at the will of the employer, for any reason, good, bad or ridiculous. The only exceptions are if the reason for termination involves a discriminatory motivation. There are a handful of other reasons: you can't be fired for doing something you are required to do... View More

2 Answers | Asked in Employment Law for Massachusetts on
Q: Hello! I was let go of my job at the end of Oct 2016, I have not received my earned PTO time which was 40hrs

I am from MA, under the law am entitled to it correct? and the HR person promised it to me. It has been over 2 weeks whats my best course of action?

Nan Evans
Nan Evans
answered on Nov 20, 2016

I would suggest you contact the Wage and Hours division of the Massachusetts Attorney Generals Office. If you worked in Massachusetts, you most likely are entitled to Paid Time Off, and in general, whatever pay you earned during your employment should be paid to you when that employment ends.... View More

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1 Answer | Asked in Employment Law and Civil Rights for Massachusetts on
Q: Equal facilities within the workplace.

I have worked in the same job for 20+ years The male employees have, and have had a changing/ workout and showering area. Female employees, having no private area, they complained and were given a public bathroom with a sign put on the door and now a lock on it. Complaints are still being made as... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 11, 2016

This may evidence gender-based discrimination at your place of work. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any... View More

1 Answer | Asked in Employment Law and Immigration Law for Massachusetts on
Q: When must i file my marriage papers?

Foreigner and married a citizen. Currently on status and have a pending petition on my next property. I was wondering when must i file my papers? And should i discontinue my contract to my next property?

Matthew J Hartnett
Matthew J Hartnett
answered on Oct 16, 2016

You should schedule a consultation with an immigration attorney to discuss when is the right moment to file for adjustment of status. Many of us offer free consultations. I hope this answers your question. Basically, you should discuss this more in detail with a lawyer in a private consultation... View More

Q: I was terminated from my job is this legal and or fair

I was recorded talking about my boss and did not know ! also they said there firing me as an example! i was never ever given a verbal warning or written in the 20 yrs worked there, when all other people get warnings

Nan Evans
Nan Evans
answered on Oct 10, 2016

It certainly sounds unfair, which does not necessarily make it illegal. I would need more information about the overall situation before answering about the legality. For example, did people get warnings for talking about the boss or for other types of "misbehavior?" Did you know you were... View More

2 Answers | Asked in Employment Law and Personal Injury for Massachusetts on
Q: Can I sue a company who let someone work whit out paper past 5 years and let him drive whit out mass license

Person still operating whit out mass license and still working for the same company

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 21, 2016

No. You can report them to immigration and the DMV though.

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