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Massachusetts Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Collections for Massachusetts on
Q: How can I recover unpaid wages from my employer in MA?

I'm seeking legal advice regarding my employer's failure to pay me. I have been waiting for over two months to receive my earnings, which total over $2000. I did receive a partial payment on April 1 but was not paid for that day's work. My employer claims they haven't received... View More

Joseph Perl
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Joseph Perl
answered on Apr 17, 2025

In MA, if an employer does not pay wages to their employee when due, the employee is entitled to triple the amount of wages that are past due. Look into the MA wage act. They are also not allowed to fire you for pursuing your legal right to back pay, since that is a separate violation. Before you... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: Is it legal for my father to fire me?

I workcfor my father. Every time something happens in the company he threatens my job. If he doesn't have enough to pay me I would ask when I would be paid. He would get angry and say he will fire me if I keep asking. Or if something happened in the family that isn't work related he would... View More

James L. Arrasmith
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answered on Jun 10, 2024

It can be very stressful to work for a family member, especially when job security is constantly threatened. Legally, whether your father can fire you depends on the employment laws in your area and the nature of your employment agreement. In many places, employment is "at-will," meaning... View More

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?
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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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
Roland Godfrey Ottley
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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1 Answer | Asked in Employment Law for Massachusetts on
Q: Seeking legal help for PFML-related employment issues after company sale.

I am currently on PFML leave and my employer sold the company to another while I was on leave. Initially, I was informed of a demotion, which was later rescinded after I raised legal concerns. I requested severance due to PFML law violations and issues with insurance enrollment, but I received a... View More

James L. Arrasmith
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answered on Apr 13, 2025

It sounds like you’ve been placed in a very difficult position, especially while trying to manage your health and navigate Paid Family and Medical Leave. Being told that you’re no longer considered an employee after the company changed hands—despite a clear employment history and ongoing... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: Do I have legal recourse against former employer post-termination due to unfounded accusation?

I was terminated from my job after an unfounded accusation was made against me. I was employed for 20 years with no prior write-ups or complaints on my record. Unemployment found in my favor. The management suspended me pending an investigation, but there was no further discussion with them before... View More

James L. Arrasmith
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answered on Apr 13, 2025

After 20 years of service and a clean record, being terminated over an unproven accusation without a full investigation or discussion feels deeply unfair. The fact that unemployment ruled in your favor suggests there may not have been just cause for your termination, which can strengthen your... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: Can an employer in MA force PTO use when total hours exceed bi-weekly requirement?

I was hired for a 20-hour per week position and am paid bi-weekly. Due to department shortages, I worked 32 hours in week one and 12 hours in week two of the pay period. My employer is forcing me to use 8 hours of PTO to make up for "missing" hours even though my total for the pay period... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Massachusetts, employers generally have the right to set their own policies regarding the use of Paid Time Off (PTO), especially in the absence of a contract or union agreement. However, it’s important to note that your employer cannot force you to use PTO if you’ve already worked enough... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: Is it legal to dock pay for late clock-in and not pay for late clock-out in MA?

I am an hourly employee working at a high school in Massachusetts where I clock in and out for every shift. If I clock in five minutes late, my pay is docked, but when I clock out 10 to 15 minutes late due to finishing work, I don't receive extra pay. I have not seen any HR communication about... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Massachusetts, employers are required to pay employees for all hours worked, including any time worked beyond scheduled hours. If you clock out late due to completing work duties, you are entitled to compensation for that additional time. Conversely, docking pay for late clock-ins is permissible... View More

1 Answer | Asked in Employment Law and Libel & Slander for Massachusetts on
Q: Advice on wrongful termination and defamation claims related to my termination.

I recently faced termination from my job due to accusations of being in an unoccupied patient room off the clock and theft, which I strongly deny. I fully acknowledge my presence in the room but was simply sitting in a chair, not sleeping. Despite my request to view any evidence regarding the theft... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on Massachusetts employment law, your situation presents potential claims worth exploring for both wrongful termination and defamation. Massachusetts follows the "at-will" employment doctrine, which generally allows employers to terminate employment without cause. However, this... View More

1 Answer | Asked in Employment Law and Health Care Law for Massachusetts on
Q: What can I do if my employer disregards a health document related to Type 1 diabetes accommodations?

I have Type 1 diabetes and a doctor's order stating I cannot remain at work if my blood sugar exceeds 400 for over 90 minutes due to the risk of passing out and dizziness. Initially, my employer agreed to follow these instructions, but recently, they refused to let me leave work to check my... View More

James L. Arrasmith
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answered on Apr 13, 2025

If your employer is disregarding your doctor’s order regarding Type 1 diabetes accommodations, they may be violating the Americans with Disabilities Act (ADA), which requires employers to provide reasonable accommodations for employees with disabilities. You should first document these incidents,... View More

1 Answer | Asked in Juvenile Law, Employment Law and Banking for Massachusetts on
Q: Can my parents control my earnings at 17 in MA?

I am 17 years old and living with my parents in Massachusetts. I earn my own money through a job, and I have a bank account in my name. However, my parents are controlling how I spend my money, telling me what I can and cannot purchase. There are no legal or financial agreements in place that I am... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Massachusetts, as a 17-year-old, you are considered a minor, which means your parents still have a legal responsibility for your well-being and finances. While you can earn your own money and have a bank account in your name, your parents may feel they have the right to oversee how you spend it,... View More

1 Answer | Asked in Criminal Law and Employment Law for Massachusetts on
Q: Should I inform my employer about a shoplifting continuance before my CORI check for an internship?

I have a "continuance without a finding" from this past spring for shoplifting, with the condition of maintaining good behavior for a year, and the continuance period is not yet complete. I need to submit a CORI background check for a 6-month internship at a non-profit. My employer... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s understandable to be concerned about how your "continuance without a finding" for shoplifting might affect your internship application. Since your employer mentioned that you may need to meet with HR if something shows up on your CORI check, it might be a good idea to address the... View More

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