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Massachusetts Employment Discrimination Questions & Answers

1 Answer | Asked in Education Law, Contracts, Employment Law and Employment Discrimination for Massachusetts on

Q: My tuition remission was revoked when my dad was suddenly laid off. Without it, I will drop out of school. What can I do

I am a third year university student in the Nursing program, with one year left of school (not including the current semester). My tuition is roughly $50,000/year, and my family does not have the ability to take out large loans. My father was working for 26 years when he was suddenly laid off from... Read more »

Ali Shahrestani, Esq. answered on Jan 22, 2019

Perhaps your father might have a basis for an employment law complaint, but that really depends on the facts leading to his termination. Also it would be useful to know when your remission was cut off - mid year or after the full year, as well as the contractual terms of the remission benefits.... Read more »

2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Massachusetts on

Q: Can my employer mandate that I sign a release of all claims because I filed a charge of discrimination with the EEOC?

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.

John Espinosa 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.

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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... Read more »

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 a... Read 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 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

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,... Read more »

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 law... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Massachusetts on

Q: My employer is dismissing me several hours early so they don't have to give me breastfeeding breaks. Discrimination?

I work at a daycare where my infant attends. I require three 30min breaks but can sometimes switch with another teacher so I can supervise while nursing. Today I was sent home 5 hours early while all my coworkers had to work 9 hour shifts with no lunch break because we are short-staffed. My baby's... Read more »

William Head answered on Aug 20, 2017

Massachusetts has some pretty decent laws, for such issues.

Select someone on this list, and see if you can get legal help:

http://attorneys.superlawyers.com/discrimination/massachusetts/

1 Answer | Asked in Employment Discrimination and Employment Law for Massachusetts on

Q: I was robbed by a coworker she was caught on camera stealing my money I wanted to press charges the employer did not.

I was robbed by a new coworker she was caught on camera stealing the money I was not notified of when her next shift would be . Or even her last name it turned out that her and the store manager were friends and he fired her without letting me know what time she came in the store to have her... Read more »

Jonathan R. Roth answered on May 30, 2017

You have every right to file a criminal complaint.

1 Answer | Asked in Employment Discrimination and Employment Law for Massachusetts on

Q: Was told and in writing get pay raises after each training completed. Training done and pay raises refused

Still at minn wage after 1 year with company and failing to obey what I was told and given to earn hourly raises. By now should have a almost $2/Hour Raise by all training completed and required for such raises (with proof)

Ali Shahrestani, Esq. answered on May 16, 2017

If the other party breached their contract with you, you can sue for that, and you may be able to file a wage claim as well with the state. 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... Read 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... Read more »

Ali Shahrestani, Esq. 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... Read 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, Esq. 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... Read more »

1 Answer | Asked in Employment Discrimination for Massachusetts on

Q: I believe I'm being discriminated against because of my age,

but I've read I won't be able to file a claim given that my company is under 20 employees. Is that true?

Ali Shahrestani, Esq. answered on Feb 12, 2017

See: https://labor.ny.gov/equal-opportunity/how-to-file-a-discrimination-claim.shtm

And See: http://www.nycbar.org/get-legal-help/article/employment-and-labor/age-discrimination/

More details are necessary to provide a professional analysis of your issue. The best first step is an...
Read more »

1 Answer | Asked in Employment Discrimination for Massachusetts on

Q: What does it mean to be an at will employee?

Ali Shahrestani, Esq. answered on Feb 12, 2017

It means you have no contractual employment term and can be fired without cause. 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,... Read more »

1 Answer | Asked in Employment Discrimination for Massachusetts on

Q: Is there a cost to file a work discrimination case?

Ali Shahrestani, Esq. answered on Jan 6, 2017

See: http://www.mass.gov/mcad/

You can file a claim with the Commonwealth.

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...
Read 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 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 being... Read more »

Q: Can a person file a claim only against the types of discrimination enumerated in the act against discrimination?

For example the MGLs against discrimination prohibit discriminating against a person on the basis of color, national origin, religion, sexual orientation, age, gender, marital status...etc

but there are cases when the discriminatory behavior is strongly and obviously manifest yet it is... Read more »

Peter N. Munsing answered on Aug 7, 2016

Not enough information to tell. Suggest you talk to a member of the Mass Academy of Trial Lawyers who handles the area

involved (employment, education, putlic access, etc). They'll give you a free consultation.

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