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Massachusetts Employment Law Questions & Answers
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

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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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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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
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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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 and Civil Rights for Massachusetts on
Q: Everyone treated me differently after I accepted my transfer offer. Is this retaliation?

I’m in a shift lead role. I recently got approved for a site transfer for October. This morning I was trying to staff the associates then was told by a higher ranked supervisor to step aside and let someone else do it. I was taken off my shift lead role for today and was placed on a station... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you’re going through a tough time with the change in how your colleagues are treating you after accepting the transfer. Being taken off your shift lead role and noticing the shift in behavior from your supervisors and colleagues can feel isolating and confusing. It’s natural to... View More

1 Answer | Asked in Civil Rights, Employment Law and Health Care Law for Massachusetts on
Q: Can I be fired with open disability claims, ADA letters in place and before I have finished PT & OT?

I went out of work due to complications from long COVID & several subsequent COVID positive tests. My HR called recently to say I was being terminated. I have ADA letters still to be filed, physical therapy and occupational therapy aren’t complete yet but I have been fired. I keep being told... View More

James L. Arrasmith
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answered on Aug 31, 2024

It's important to understand that having open disability claims and ADA protections does not make you immune from termination. However, these protections are meant to ensure that you are not being terminated because of your disability. If your employer is terminating you due to your disability... View More

1 Answer | Asked in Employment Law and Immigration Law for Massachusetts on
Q: What is the process for someone who currently lives outside the US but is looking to get an H1B visa to come work here?

Person works in the IT field

James L. Arrasmith
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answered on Jul 26, 2024

To get an H1B visa for working in the IT field in the US, you'll need to follow a few key steps. First, secure a job offer from a US-based employer who is willing to sponsor your visa. This employer must file a Labor Condition Application (LCA) with the Department of Labor to demonstrate that... View More

1 Answer | Asked in Employment Law and Appeals / Appellate Law for Massachusetts on
Q: Can anyone please immediately represent my case on contingency? I'm legally owed the money and will pay full 15%

I can prove every illegal FALSIFICATION to my Previous Hearings, Prove FALSIFICATION to MY personal Medical RECORDS and ILLEGALLY FALSIFIED TAXES ! COMMITTED EMBEZZLEMENT AGAINST THE FEDERAL GOVERNMENT BY CHANGING TAXES PAID THEN RETAXED ME!!! STOLE MY STIMULUS CHECK OF $1400! AND REFUSE TOO GIVE... View More

Tim Akpinar
Tim Akpinar
answered on Jun 13, 2024

It isn't clear whether you are looking for a New York attorney or Massachusetts attorney, as your post includes two geographic headings. Either way, attorneys here can't reach out to you to represent you. You would need to reach out to attorneys on your own. In addition to your own... View More

1 Answer | Asked in Employment Law and Appeals / Appellate Law for Massachusetts on
Q: I was denied my unemployment benefits because I was not able to work and I was out on a doctors note

I don’t know how someone can lose their job while out on a doctors note and I was employed at a hospital

Christopher Tolley
Christopher Tolley
answered on Apr 26, 2024

This is not my area of the law. Check around online there may be a state agency you can file an appeal.

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: 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.

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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 for Massachusetts on
Q: My employer talked about my restraining order with someone who no longer works at the job. Is that legal?
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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

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