Massachusetts Employment Law Questions & Answers
Q: Does an employer have a right to terminated your employer due to unsatisfactory work performance and gender?
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:...
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
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...
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?
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...
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
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in
Education Law, Contracts, Employment Law and Employment Discrimination
for
Massachusetts
on
Answered on Jan 22, 2019
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,...
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?
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,...
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
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
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
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
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?
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.
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
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.
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
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...
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?
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.
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?
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.
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?
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...
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
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.
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?
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...
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?
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.
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
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
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: Company claims I am bound b the terms of an unsigned contract.
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...
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
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.
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.
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