Massachusetts Employment Law Questions & Answers

Q: Does an employer have a right to terminated your employer due to unsatisfactory work performance and gender?

1 Answer | Asked in Employment Law for Massachusetts on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
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 about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law:...

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?

1 Answer | Asked in Business Law, Contracts and Employment Law for Massachusetts on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
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 Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law...

Q: How restrictive is non-solicitation contract language as a marketing professional moving from full-time to independent?

1 Answer | Asked in Employment Law for Massachusetts on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
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/ geography limits, and other factors. See: https://www.mass.gov/info-details/massachusetts-law-about-noncompetition-agreements. More details are necessary to provide a professional analysis of your issue. The...

Q: My tuition remission was revoked when my dad was suddenly laid off.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

1 Answer | Asked in Education Law, Contracts, Employment Law and Employment Discrimination for Massachusetts on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
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. 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 about me, my credentials,...

Q: Is it illegal for a union to verbally threaten you before voting for a new contract?

1 Answer | Asked in Employment Law for Massachusetts on
Answered on Jan 9, 2019
Ali Shahrestani, Esq.'s answer
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 Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,...

Q: After taking a break from job, do I need to find another employer before previous employer H1B expiration date?

1 Answer | Asked in Employment Law and Immigration Law for Massachusetts on
Answered on May 28, 2018
Carl Shusterman's answer
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

Q: Am I eligible to get H4-EAD using spouse's approved I140 immigration petition from previous employer?

1 Answer | Asked in Employment Law and Immigration Law for Massachusetts on
Answered on May 28, 2018
Carl Shusterman's answer
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 Shusterman

www.shusterman.com

Q: After accepting an offer from company A, I received a better offer from another company. Would it be okay to tell Co. A?

1 Answer | Asked in Employment Law and Immigration Law for Massachusetts on
Answered on May 4, 2018
Carl Shusterman's answer
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.

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

2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Massachusetts on
Answered on Mar 24, 2018
John Espinosa's answer
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.

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

1 Answer | Asked in Employment Law for Massachusetts on
Answered on Mar 16, 2018
Jonathan R. Roth's answer
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 options may be available to you.

You have a right to see any comments or statements that are put in your personnel file. You have to make that demand in writing. The employer must provide that...

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?

1 Answer | Asked in Employment Law for Massachusetts on
Answered on Mar 16, 2018
Jonathan R. Roth's answer
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.

Q: Does Massachusetts state law require employers to pay an employee for their accumulated sick time?

1 Answer | Asked in Business Law and Employment Law for Massachusetts on
Answered on Mar 12, 2018
Jonathan R. Roth's answer
Any accrued vacation pay is required to be paid. Accumulated sick pay is not required under MA law unless the employer has a stated policy to that effect.

Q: is there anything I can do?

1 Answer | Asked in Employment Law for Massachusetts on
Answered on Mar 2, 2018
Jonathan R. Roth's answer
The question involves a lot of complex issues. However without going through a detailed analysis and determining what employment policies your firm has, the answer to can he force you to take a week-off the answer is yes he can lay you off for any reason he wants so long as it does not violate his employment policies that may exist.

As for telling everyone what you earn, while that may be a bad policy it is not illegal. To determine what claims you may have and their strength is a...

Q: Can I sue?

1 Answer | Asked in Employment Law, Employment Discrimination and Civil Rights for Massachusetts on
Answered on Jan 30, 2018
Jonathan R. Roth's answer
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 probationary employee, meaning you worked for the Company less than 90 days.

Q: Is it legal for me to work until 11 PM?

1 Answer | Asked in Employment Law for Massachusetts on
Answered on Jan 16, 2018
Jonathan R. Roth's answer
The answer according to the Mass Attorney General and the ma.gov website is as follows:

16 and 17-year olds work hours

Only between 6 a.m. and 10 p.m. (on nights preceding a regularly scheduled school day) - if the establishment stops serving clients or customers at 10:00 p.m., the minor may be employed until 10:15 p.m.

Only between 6 a.m. and 11:30 p.m. (on nights not preceding a regularly scheduled school day).

So you can work to 11 pm on a Friday or Saturday...

Q: Can my employer deny to pay me full PTO hours upon termination?

1 Answer | Asked in Employment Law for Massachusetts on
Answered on Jan 16, 2018
Jonathan R. Roth's answer
You are entitled to be paid for accrued vacation time. The law requiring the accruing of paid sick time does not require an employer to pay for accrued but unused sick time. Depending upon how the PTO is described in the Company handbook or any employment agreement, any accrued but unused PTO may not be entitled to be paid in the event of termination.

Q: I settled an employer age discrimination/retaliation complaint in 2017...can I claim fees 2015-17 on my taxes

1 Answer | Asked in Employment Discrimination, Employment Law and Tax Law for Massachusetts on
Answered on Jan 12, 2018
John Espinosa's answer
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: Can an employer take the signature page from a document that I signed and attach it to a revised policy that I didnt rea

1 Answer | Asked in Employment Law for Massachusetts on
Answered on Jan 11, 2018
Jonathan R. Roth's answer
No. Absent your authorization to do so, it is not a lawful act

Q: Company claims I am bound b the terms of an unsigned contract.

1 Answer | Asked in Contracts and Employment Law for Massachusetts on
Answered on Dec 19, 2017
Jonathan R. Roth's answer
There is a reason such contracts have to be in writing, non-compete agreements under MA law need to be in writing. Moreover, the second contract offered appears to lack consideration. While they have a legal argument, I believe they would lose absent a writing confirming your agreement to these terms and your continued employment is not sufficient by itself. There could be additional factors that might lean in your former employer's favor so this is not intended as an absolute view and...

Q: Salaried exempt employee's pay being docked due to sick days

1 Answer | Asked in Employment Law for Massachusetts on
Answered on Dec 11, 2017
Jonathan R. Roth's answer
First, any deduction for sick time has to be consistent with company sick time policy. If the company does not have a formal policy, they still have to charge your absences against your accrued sick time. MA requires that every employee shall be entitled to accrue and use 40 hours of sick time over a 12 month period.

Your employer can reduce your pay for periods you do not work. However, the employer must follow company policy and must comply with MA law regarding accrued sick time.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.