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Massachusetts Employment Law Questions & Answers
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
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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 Discrimination and Employment Law for Massachusetts on
Q: Is there potential legal recourse for employment discrimination based on age, appearance, and gender?

My manager made hiring more difficult based on their own specifications and not with an emphasis on skill set or qualification. The Manager also fired two experienced colleagues with no causes to do so other than what seemed because of their age.

John Michael Frick
John Michael Frick
answered on Jun 7, 2023

It is unlawful to discriminate in employment against workers over 40 based upon their age.

1 Answer | Asked in Employment Law for Massachusetts on
Q: Employer offered to me to pay half of health insurance. I took the job but he never gave me insurance even after asking

I have an email of the offer sheet he sent me stating he would pay for half of the insurance

Tim Akpinar
Tim Akpinar
answered on May 19, 2023

A Massachusetts attorney could advise best, but your question remains open for two weeks. This doesn't really look like an Insurance Bad Faith matter, one of the chosen categories. It appears to be more one of breach of contract or promise by your employer. You could try reposting and adding... 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
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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
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answered on Oct 24, 2022

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

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
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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
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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 »

1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for Massachusetts on
Q: Can I take my employer to court for releasing personal information to outside customers and vendors without my consent?

I recently had a baby prematurely. I shared this information internally with my employer. Within a few hours of sharing, I received an email from a co-worker to a group of customers, (some of which I do not know) detailing not only the birth of my son but also his full name and that he was born... Read more »

Carrie Dyer
Carrie Dyer
answered on May 12, 2021

More information is needed to analyze your situation. Is your employer requiring you to take a leave you otherwise are not intending to take? Additionally, there is no private cause of action under HIPPA. Only the Department of Health and Human Services and state attorneys general have the power... Read more »

1 Answer | Asked in Employment Law for Massachusetts on
Q: I own some rental properties that I manage myself. From time to time I need an extra hand to do routine chores

as lawns, hedges, painting minor repairs..... This entails 20-30 hrs per month. How do I pay this person if I direct his activities, He does not live in one of the units.

Kyle Anderson
Kyle Anderson
answered on May 6, 2021

Hi, more information is needed here. Generally speaking you will need to make sure the person at least the federal and state minimum wage for all hours worked. As well as overtime for hours worked over 40 in a workweek. I would reach out to an employment law attorney in your state for a... Read more »

1 Answer | Asked in Employment Law for Massachusetts on
Q: My company is being taken over by another company. What are my rights as an employee

They are saying nothing is changing but that is far from the truth.

Carrie Dyer
Carrie Dyer
answered on Apr 28, 2021

If you are an at-will employee, then your company or the new company taking over can legally change your job title, compensation, and/or benefits at any time for any reason, so long as it is not for an unlawful reason.

1 Answer | Asked in Business Formation, Business Law, Contracts and Employment Law for Massachusetts on
Q: Could an associate of a law firm like Latham & Watkins provide legal services outside of their law firm?

For instance, say I need legal help with a start-up I'm trying to launch. I reach out to an attorney who works for a law firm who who says he's offering pro-bono legal services. I develop a relationship with this attorney and we agree on a deal that says he will take equity in my company... Read more »

Richard Gaudet
Richard Gaudet
answered on Mar 26, 2021

The answer depends upon the relationship that this attorney has with the law firm. It is possible that this attorney has some type of non-compete clause, or some other provision in a contract with the employer preventing the lawyer from self-dealing. So much of the answer to your question depends... Read more »

1 Answer | Asked in Employment Law for Massachusetts on
Q: Case for a rescinded job offer?

I accepted an offer for a position. I gave notice to my current employer. 7 days later the company I accepted the offer from rescinded the offer stating they are reevaluating the position and the needs for the position. My current employer will not retain me as they have already reorganized the... Read more »

Matthew J. Kidd
Matthew J. Kidd
answered on Mar 23, 2021

The question is how was the offer worded ? We would need to determine whether you were an "employee at will" or had an enforceable contract.

Unless you have a specific contract to work for a period of time (years), you, and most employees, are "employees at will",...
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