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Massachusetts Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Massachusetts on
Q: Can my employeer tell me I can't share outside work resources with coworkers, outside work hours? Plus. Others.

Myself and a number of our part time staff at a non profit are low income. 4 of us are very good friends outside of work. Sometimes one of us is able to get free produce that she then distributes to us after work hours, when we are all together on a work day. Our manager has recently told her that... View More

Nicholas Arthur Matlach
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answered on May 2, 2024

This situation raises several concerns. Here's a breakdown of some of the issues I see based on your description, but a more thorough analysis should be done by an attorney retained to help you navigate this tricky area:

Sharing Resources:

- Employer's Right to Interfere:...
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2 Answers | Asked in Employment Law and Immigration Law for Massachusetts on
Q: Hello Can H1b Visa holder work full-time for one employer for 40 hours and part-time for another one for 25 or 20 hours.
James L. Arrasmith
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answered on Apr 7, 2024

No, an H1B visa holder is generally not allowed to work for multiple employers simultaneously. The H1B visa is employer-specific, meaning that it is tied to the sponsoring employer who filed the H1B petition on behalf of the employee.

Key points:

1. H1B visa holders are only...
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1 Answer | Asked in Employment Law, Immigration Law, Tax Law and International Law for Massachusetts on
Q: Can I invest/Trade cryptocurrency with my F1student visa(OPT)status in USA? Need to know legalities!

So I have finished my Masters recently and Started working on OPT. So I wanted to start investing/trading crypto and I still couldn't find proper solutions for my question. if I am allowed to do so, then how many trades/transactions can I do in a day/week. I looking for proper legal guidance... View More

James L. Arrasmith
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answered on Mar 16, 2024

As an F1 student visa holder currently on Optional Practical Training (OPT) in the USA, you are primarily in the country for educational purposes. However, engaging in investment activities, including trading or investing in cryptocurrencies, does not directly conflict with your visa status.... View More

2 Answers | Asked in Employment Law, Civil Rights and Elder Law for Massachusetts on
Q: I work for a Adult Foster Care company. An elderly client sold me his truck. The company wants me to give it back. Do I?

They said I cannot accept gifts from clients, but this was only told to me afterwards, and I couldn't find anything in my employee handbook about it either. The truck was legally purchased with a bill of sales, and the title signed over. Do I have to give the truck back? Besides termination,... View More

James L. Arrasmith
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answered on Feb 24, 2024

In this situation, it's essential to carefully consider the policies and guidelines of your employer regarding accepting gifts from clients. While you may not have been explicitly informed about this policy beforehand, it's possible that your employer has rules in place to prevent... View More

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2 Answers | Asked in Employment Law, Civil Rights and Elder Law for Massachusetts on
Q: I work for a Adult Foster Care company. An elderly client sold me his truck. The company wants me to give it back. Do I?

They said I cannot accept gifts from clients, but this was only told to me afterwards, and I couldn't find anything in my employee handbook about it either. The truck was legally purchased with a bill of sales, and the title signed over. Do I have to give the truck back? Besides termination,... View More

T. Augustus Claus
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answered on Feb 8, 2024

In Massachusetts, if you purchased a truck from an elderly client while working for an Adult Foster Care company, and the company is now requesting you to return the vehicle citing policies against accepting gifts from clients, the legality of keeping the truck depends on several factors. If the... View More

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1 Answer | Asked in Employment Law and Immigration Law for Massachusetts on
Q: What does it mean to volunteer for a professional benefit under f1?

I am currently on a F1 visa studying data science and thinking of voluntering at a Chinese American Museum. Although the volunteer role would be unrelated to my studies, I did a lot of undergrad research and publishing on Chinese culture while in my home country (UK). The role would be purely... View More

James L. Arrasmith
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answered on Jan 11, 2024

Volunteering in the United States while on an F1 visa can be a great opportunity to engage with the community and gain new experiences. However, it's important to understand the regulations surrounding such activities to ensure compliance with your visa status.

In your case,...
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1 Answer | Asked in Employment Law for Massachusetts on
Q: is a training repayment agreement enforceable if one does not attend the training?
James L. Arrasmith
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answered on Jan 10, 2024

In the United States, a training repayment agreement is typically enforceable if both parties have voluntarily entered into a legally binding contract. If you sign such an agreement and fail to attend the training or fulfill the terms and conditions outlined in the contract, you may be subject to... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: is a training repayment agreement enforceable if one does not attend the training?
T. Augustus Claus
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answered on Jan 10, 2024

The enforceability of a training repayment agreement in Massachusetts depends on the specific terms outlined in the agreement and applicable state laws. Generally, these agreements are legal and enforceable if they are reasonable, fair, and not overly restrictive. However, if an individual does not... View More

Q: In Massachusetts, Can you be terminated from a job, by employer,if you were arrested but trail ended in not guilty?
Roland Godfrey Ottley
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answered on Dec 3, 2023

I think that you may have a case against your employer. Possibly for terminating you before you were able to exonerate yourself against allegations of committing a crime. In addition, there are statutes in In some states, nuch like New York that would address an employer terminating an employee... View More

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Q: In Massachusetts, Can you be terminated from a job, by employer,if you were arrested but trail ended in not guilty?
James L. Arrasmith
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answered on Dec 3, 2023

In Massachusetts, employment is generally at-will, which means an employer can terminate an employee for any reason or no reason at all, as long as the reason is not illegal. However, being arrested and having a trial that ends in a not guilty verdict doesn't automatically protect you from... View More

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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?
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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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?
T. Augustus Claus
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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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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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