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Massachusetts Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Massachusetts on
Q: If I’m out on maternity leave and get another job to start after my leave ends without going back to original(see below)

employer, is that an issue? will I be sued by the state of MA for back wages or is it up to the discretion of my original employer?

T. Augustus Claus
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answered on Oct 26, 2023

If you're on maternity leave in Massachusetts and accept another job to start after your leave without returning to your original employer, it could have legal implications. Your specific situation depends on your employment contract, state and federal laws, and your employer's policies.... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: I worked for General Dynamics in Quincy, MA for 10 years in 1970's. Am I still eligible for a pension?

I am 71 years old and deaf. I could really use the money. Someone recently told me I am eligible for a pension.

T. Augustus Claus
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answered on Oct 25, 2023

To find out if you're eligible for a pension from your past employment at General Dynamics in Quincy, MA during the 1970s, please contact the company's pension or HR department. They can provide you with the most up-to-date information about your pension eligibility and guide you through... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: My employer talked about my restraining order with someone who no longer works at the job. Is that legal?
T. Augustus Claus
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answered on Sep 25, 2023

In Massachusetts, discussing an employee's restraining order without explicit consent could potentially be considered an invasion of privacy or even harassment, depending on the context and how the information is used. Some restraining orders may include specific provisions regarding... View More

3 Answers | Asked in Personal Injury, Workers' Compensation and Employment Law for Massachusetts on
Q: Can you get compensation from employers for suffering severe concussions?
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answered on Aug 29, 2023

Yes, in Massachusetts, you may be eligible to seek compensation from your employer for suffering severe concussions if the concussions were caused by workplace-related incidents or conditions. Massachusetts provides workers' compensation benefits to employees who sustain injuries or illnesses... View More

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3 Answers | Asked in Personal Injury, Workers' Compensation and Employment Law for Massachusetts on
Q: Can you get compensation from employers for suffering severe concussions?
Tim Akpinar
Tim Akpinar
answered on Aug 30, 2023

Yes. As my colleagues have indicated, workers' comp is your avenue for injuries in the course of employment. You included the "Personal Injury" category in your post. If that's because there is a third-party injury action (where the source of injury involves a person or entity... View More

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1 Answer | Asked in Employment Law and Car Accidents for Massachusetts on
Q: Do I have to provide my employer a picture of an accident if I was a Uber passenger?
Tim Akpinar
Tim Akpinar
answered on Aug 2, 2023

A Massachusetts attorney could advise best, but your question remains open for two weeks. It could be a provision included in their standard operating procedures (possibly more intended for employees who sustain accidents as a driver of a company car or their own car, that's being construed... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Massachusetts on
Q: Can I sue my coworkers for bullying &/or harassment?

I, 21f, work for security overnight at a hotel in the Greater Boston area. I am the only female in my department and for almost three months the closet person to my age was still 20+ years. 2 weeks in ind. said the n-word twice and reported false information to our director regarding my... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

Short answer- yes, but there is no money in it. You need to file Gender/ Racial harassment complaints with the HR department. What they are doing is harassing you because you are female and black. This is prohibited under both Federal and state law. By filing a formal, detailed complaint, you... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: Does Massachusetts define Protected Concerted Activity for private sector employees?

Massachusetts has MGL that defines Protected Concerted Activity for Public Employees, but there is no mention of private sector employees. Are there laws that protect private sector employees in Massachusetts? Or is the only private sector protection at the Federal level(NLRB)?

Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

Usually this type of law addresses protection from GOVERNMENT ACTION based on assertion of constitutional rights, or it could be UNION action. (NLRB) If you are a public sector employee, your employer is the government, which is why they have these laws. For private sector employees, the employer... View More

2 Answers | Asked in Employment Law for Massachusetts on
Q: My boss/the owner of the restaurant I worked at slapped my hand out of frustration. What are my options?

I recently got a new job at a small business pizza place. The owner of the establishment was also my boss/supervisor, whathaveyou. He was training me and I accidentally messed up a customer's order. He struck my hand out of frustration and walked away after muttering something to me about not... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2023

Unless the slap was hard enough to seriously injure you, I think you've done the best thing that you could do in quitting. One of the benefits of the employment-at-will doctrine is that you are not legally beholden to your employer and can quit for any reason at any time. While it may be... View More

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2 Answers | Asked in Employment Law for Massachusetts on
Q: My boss/the owner of the restaurant I worked at slapped my hand out of frustration. What are my options?

I recently got a new job at a small business pizza place. The owner of the establishment was also my boss/supervisor, whathaveyou. He was training me and I accidentally messed up a customer's order. He struck my hand out of frustration and walked away after muttering something to me about not... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

I agree with Mr. Frick: you also have the option of filing a small claims lawsuit against the manager for battery. You don't have to have medical expenses to get emotional distress damages, and a physical assault like this is outside the worker's comp system. I recommend you contact... View More

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1 Answer | Asked in Employment Law and Civil Rights for Massachusetts on
Q: I was terminated from my job and made to sign a promissory note, do I have to pay it?

A few weeks ago I was terminated from my retail job of 4 yrs’ I was brought in the office to speak to LP. I was not even clear why I was there and had to ask 2times. They questioned me for 2 hours.they accused me of giving free merchandise to a customer by not scanning it. I don’tknow this... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

Most states have laws preventing employers from recovering damages from employees/former employees for ordinary negligence. If you made an error in ringing up an item, you are not responsible to repay the employer for this. Being detained against your will for 2 hours by LP could be false... View More

1 Answer | Asked in Employment Law, Tax Law and Business Law for Massachusetts on
Q: If I am appointed as a manager for a single member LLC my spouse owns, am I considered an employee that needs a salary?

My wife and I are planning on creating a single member LLC in Massachusetts where she would be the sole member and would be managing day-to-day operations for the business. I would be helping manage the business operations, such as finance, bookkeeping, and administrative items such as managing a... View More

William J. Amann
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answered on Jun 8, 2023

No, you don't both need to listed as co-managers. Whether you are a co-manager or manger has little to no bearing on whether you are considered an employee. Employee status analysis is best done under IRS rules. You also don't need to be paid but being paid would bear on employee... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: Is it legal for my employer to put my continued employment to a vote by all other employees? What are my options?

My General Manager has informed me via text that if a single one of my coworkers, including someone I refuse to work with because he is hostile toward me, votes no, I will be terminated. This occurred because I refused to work with said hostile coworker when I saw he was filling in for the open.

T. Augustus Claus
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answered on Oct 2, 2023

Employment decisions based on peer voting can be problematic, especially if they expose an employer to claims of discrimination, harassment, or wrongful termination. You may want to consider contacting an employment lawyer to discuss your specific situation.

1 Answer | Asked in Employment Law and Personal Injury for Massachusetts on
Q: If some1 is screamin at u & acting like they r gonna hit if u warn them if they hit u u will hit back a threat

At work this young girl decided to start screaming & yelling at me & humiliating he infront of guests & co workers even saying I shouldn't even be allowed to be a server cuz of my nasty missing teeth i never yelled at her i stayed calm the whole time even know i was humiliated but... View More

Michael Levin
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Michael Levin
answered on Jul 18, 2023

You have an excellent question and one that could certainly be open to a case for wrongful termination, but you will need to speak with someone who handles employment law. (Worker's Compensation only deals with workplace injuries.) Use Justia's "Find a Lawyer" tab and search... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: Hello my Boss took me to a hospital for a drug test. I was positive for drugs I am prescribed. Then he suspended me

He said his HR told him to suspend me for a week. I asked him for his hrs number and he said he didn’t have it. I am prescribed meds and have been working there for apt a year with no issues. I took Benadryl a couple days for allergies which made me tired. Can he legally do this to me

William J. Amann
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answered on Jul 13, 2023

This does not sound right at all. This forum isn't the appropriate place to give legal advice, particularly when there are almost always other facts and circumstances which would bear on the best next steps to take. I do recommend you consult with an experienced labor law attorney and... View More

1 Answer | Asked in Employment Law and Business Law for Massachusetts on
Q: As the owner of a business in chapter 11, can I still be sued personally for a wage claim if it wasn't preserved?

My Florida based company had to file chapter 11, and the disputed wage claim was listed in the bankruptcy. The wage claim was never preserved by this person. However,I am still being sued in Massachusetts( where she lives,) personally for a wage claim that she never preserved. Isn't she... View More

William J. Amann
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answered on Jun 19, 2023

I'm unsure what you mean by a wage claim "that she never preserved." This sounds like a case we may handled. Please contact me if it's related to Arete.

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... View 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

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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.

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