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Massachusetts Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Workers' Compensation for Massachusetts on
Q: Need help with work related injury !!!

i broke my middle toe moving some PT lumber by hand, happened the 26th, nothing was done at work, 27th too much pain, smoked recreational marijuana for pain, 28th woke up with toe black, went to work to show them i was going to ER, now they want statement and drug test, 36 hours after, its now 3rd... Read more »

Jeffrey Young
Jeffrey Young answered on Jun 3, 2020

It is not clear from your question if you have already been to an Emergency Room. If not, then you should go. If you have and they want you to see an orthopedic or podiatrist then you should call one and try to make an appointment. It is very difficult to see anyone now with the virus issues. They... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Massachusetts on
Q: Do I have a case for wrongful termination based on gender?

I'm a service tech for a franchisee of Panera Bread and Wendy's. I worked there for 18 years. 2 mos ago my boss announced his retirement and his supervisor chose me to take his place (email proof). Right before my supervisors retirement date his boss quit. Someone from another department... Read more »

Carrie Dyer
Carrie Dyer answered on May 20, 2020

You may have a claim for gender discrimination under Title VII and state law, but more information is needed to fully evaluate your situation. You should contact an employment attorney in your area as soon as possible to discuss your options.

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1 Answer | Asked in Employment Law for Massachusetts on
Q: Due to a chronic health condition (and COVID) I have an MD letter to work from home. Can work deny this?

Work will not allow me to work from home. I need help understanding my options and the best way to proceed but getting this information from work has been exceedingly difficult. I recently requested to start paperwork for short-term disability. This paperwork was provided along with the suggestion... Read more »

Kyle Anderson
Kyle Anderson answered on Apr 1, 2020

I would recommend reaching out to an employment attorney in your state for a consultation. More information is needed on your medical condition to determine if it qualifies as a disability under the ADA. If it does, you might try to request a reasonable accommodation of working from home. Looking... Read more »

1 Answer | Asked in Employment Law and Products Liability for Massachusetts on
Q: Can court order me to stay unemployed

Tell me I legally can't have a job

Tim Akpinar
Tim Akpinar answered on Mar 6, 2020

A court or a panel could make a determination that a person is disabled (and hence, unable to work), based on the findings of an examining physician, and that benefits they are slated to receive reflect the fact that they are cannot work. As such, not working would be a condition for benefits. Your... Read more »

1 Answer | Asked in Employment Law for Massachusetts on
Q: I carry specialized equipment to my work site everyday to perform inventory. This is company owned equipment I transport

In my personal vehicle. Is the driving time considered on the clock time because without the equipment I carry, the job can not be done

Carrie Dyer
Carrie Dyer answered on Jan 8, 2020

It depends. If you drive from your home to your employer's office or warehouse to pick up the specialized equipment (without which you cannot perform your job duties), then drive to the work site from there, the Fair Labor Standards Act typically requires that you are paid for time spent... Read more »

1 Answer | Asked in Contracts, Employment Law and Employment Discrimination for Massachusetts on
Q: Can a job that already offered me a position (signed offer letter) take back their offer due to my medical condition?

As part of the job I was required to get a medical evaluation before starting, it involved me disclosing any medical conditions I have and some blood work. My blood work came back great, but I have a herniated lumbar disc. Can a job take back their offer, even though I had already signed everything... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 22, 2019

In addition to certain federal agencies that may be able to help you, every state has its own set of employment laws, some of which may cover your particular situation. Contact an employment lawyer near you.

1 Answer | Asked in Contracts and Employment Law for Massachusetts on
Q: If my company had me sign a contract saying that everything I invent is theirs, is it binding without consideration?

I am an hourly employee. The contract was an "Updated" contract, mid employment. I am a Technician not paid to engineer or invent. Now they want to patent my idea.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 1, 2019

If you sign the new contract your employer will probably have the legal right to seek a patent on your idea; and the consideration will be your continued employment, which they may try to make "at will."

3 Answers | Asked in Bankruptcy, Copyright, Employment Law and Immigration Law for Massachusetts on
Q: I’m an aspiring lawyer, any advice?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 24, 2019

Yes. Stop wasting time asking silly questions here on Justia.

Meantime, study hard, make really good grades, get an undergraduate degree that will be there to fall back on if you flame out, apply to as many law schools as you can afford to, if several schools accept you, select the one...
Read more »

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1 Answer | Asked in Contracts, Employment Law, Appeals / Appellate Law and Business Law for Massachusetts on
Q: My job was threatened an I was forced to sign paperwork saying I'd look for no comp for my part in this invention. ..
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 19, 2019

No one here on Justia can help you unless you tell us all the relevant facts about your situation.

1 Answer | Asked in Employment Law for Massachusetts on
Q: Does an employer have a right to terminated your employer due to unsatisfactory work performance and gender?

I feel my supervisor and director did not treat me fairly and consistent like other employees in the department. My employment terminated due to my writing. I obtained writing memos and documents from co-workers to explain my case. I have done some research and found there have only been two male... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 22, 2019

It's illegal to discriminate based on gender, but I'm not sure I hear evidence relating to that in your question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more... Read more »

1 Answer | Asked in Business Law, Contracts and Employment Law for Massachusetts on
Q: Signed a contract with wedding planner for an amount, she didn't do good job, can we insist to pay on first agreed pay?

Fiancé only signed one contract with planner for 28k where her commission would be 20% of that agreed amount per contract. Though through out the weeks planner only pushed ideas she saw fit and not what we specified when we initially met her. Fiancé ended up locating a venue which is the majority... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 22, 2019

You might have a basis for contesting her fees, e.g., breach of contract by failure to perform her agreed duties. It's key to review the contract and all the related facts. 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 Law for Massachusetts on
Q: How restrictive is non-solicitation contract language as a marketing professional moving from full-time to independent?

I am leaving my company as a marketing manager after 6 years for personal reasons, but will continue on an independent contractor under my newly formed LLC for the next 6 months. The contract I'm reviewing has non-solicitation language that I want to make sure does not tie my hands beyond the... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 22, 2019

Employees cannot violate the Intellectual Property rights of the company, including using any company client lists in their own professional pursuits. As for limitations on the non-compete clause, that depends on the facts, e.g., when it was signed, consideration received in exchange, time/... Read more »

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.
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 »

1 Answer | Asked in Employment Law for Massachusetts on
Q: Is it illegal for a union to verbally threaten you before voting for a new contract?

Sean O'brien The president of Local Union 25 told me and 40 of my coworkers that if we can not agree to the contract then we as a union could drop you. Then what will you do for work after?

Also Signature Flight Support sent me a letter stating as you know Teamster Local 25 has no more... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 9, 2019

Have a lawyer review the contract you originally signed with the union to represent you, along with the context and communications re: the current contract to determine your rights and duties. 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 Law and Immigration Law for Massachusetts on
Q: After taking a break from job, do I need to find another employer before previous employer H1B expiration date?

I am currently on H1B status which is valid till 04/07/2019 but was thinking of taking a break from job and change status to H4. If I want start a new job again after the break do I need to find one before my current H1B end date of 04/07/2019 i.e. should the new employer file for my H1B transfer... Read more »

Carl Shusterman
Carl Shusterman answered on May 28, 2018

If your spouse is in H-1B status, and you wish to stop working, you can apply to change your status to H-4. As long as you maintain your H-4 status, whenever you find another employer, you can change your status back to H-1B.

Good luck!

Carl Shusterman

www.shusterman.com

1 Answer | Asked in Employment Law and Immigration Law for Massachusetts on
Q: Am I eligible to get H4-EAD using spouse's approved I140 immigration petition from previous employer?

My spouse has an approved I140 immigration petition from his previous employer. His new employer has yet to begin the green card process which is probably sometime this year. Am I eligible to get an H4-EAD with his approved I140 immigration petition from previous employer? And is it feasible to go... Read more »

Carl Shusterman
Carl Shusterman answered on May 28, 2018

Since your spouse is in H-1B status and has an approved I-140, you probably are eligible for an EAD as an H-4 visa holder. The Trump Administration is considering stopping H-4 visa holders from obtaining EADs. It would be a smart idea to apply before they do so.

Good luck!

Carl...
Read more »

1 Answer | Asked in Employment Law and Immigration Law for Massachusetts on
Q: After accepting an offer from company A, I received a better offer from another company. Would it be okay to tell Co. A?

My H1B is already transferred by company A. Under these circumstances what should I do, as the offer from company B would be excellent for my career?

Carl Shusterman
Carl Shusterman answered on May 4, 2018

You can have Company B submit an H-1B petition requesting a change of employers after you work for Company A for a short time.

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
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 for Massachusetts on
Q: I was just fired from teaching without any evidence of wrongdoing and I was never given an opportunity to give testimony

I asked for a copy of the policy I broke and I was denied. I feel this is wrongful termination. How can I prove it. We don't have union so I'm on my own. Can anyone help?

Jonathan R. Roth
Jonathan R. Roth answered on Mar 16, 2018

Unless there is a specific provision at your employer that limits the grounds for termination, you are considered an employee at will and can be terminated for any reason or no reason. I strongly suggest you contact an employment attorney who litigates and meet with her/him to determine what... Read more »

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.

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