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Massachusetts Employment Law Questions & Answers
1 Answer | Asked in Contracts, Employment Law and Consumer Law for Massachusetts on
Q: Is it legal for Knack to withhold payment because students must complete a recap form?

I am a tutor working as a 1099 contractor through a third-party service called Knack at my university. Knack recently implemented a policy requiring students to complete a session recap before I receive payment. Despite my performance in the session, I have no control over whether students complete... View More

James L. Arrasmith
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answered on Apr 11, 2025

That situation feels incredibly unfair, especially since you're doing the work and then being held hostage by something outside your control. As a 1099 contractor, you’re being treated as self-employed, which means you should be paid for services you’ve completed regardless of what the... View More

1 Answer | Asked in Contracts and Employment Law for Massachusetts on
Q: Is it legal for Knack to withhold tutor payment due to student recap requirement?

I am a tutor at my university using Knack tutoring to schedule and meet with students. Recently, Knack introduced a feature that requires students to submit a session recap. Knack stated, "You'll receive payment once each student completes a recap of the session." This is problematic... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s a frustrating situation, especially when you’ve already done the work and are being told payment depends on something completely out of your control. As a 1099 independent contractor in Massachusetts, you are still entitled to be paid for the services you provide under the terms agreed... View More

1 Answer | Asked in Immigration Law and Employment Law for Massachusetts on
Q: Can I do additional door-to-door window cleaning work on a J-1 visa in Massachusetts?

I have been approved to participate in the Summer Work and Travel Program on a J-1 visa, with a confirmed job as a grocery clerk. I am considering doing additional door-to-door window cleaning work while in the U.S. Do I need special approval for this additional job to ensure compliance with my... View More

James L. Arrasmith
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answered on Apr 5, 2025

If you're in the U.S. on a J-1 visa through the Summer Work and Travel Program, your work options are limited to the job that was pre-approved and listed on your DS-2019 form. That means you're only authorized to work as a grocery clerk, as that's the position tied to your visa... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Civil Rights for Massachusetts on
Q: Concern about job demotion and discrimination during PFML/FMLA leave in healthcare sector after employer transition.

I am currently on PFML/FMLA leave and work in the healthcare sector. My employer was recently taken over by another company, and during my leave, I was informed of a demotion from Admissions and Marketing Director to Admissions Coordinator. This new role includes different responsibilities, lower... View More

James L. Arrasmith
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answered on Apr 1, 2025

Your situation raises serious concerns about potential violations of your legal protections. Under FMLA/PFML regulations, you have the right to return to the same or an "equivalent position" with identical pay, benefits, and working conditions - a demotion from Director to Coordinator... View More

1 Answer | Asked in Civil Rights, Employment Law, Personal Injury and Public Benefits for Massachusetts on
Q: Can I sue my sister in MA for abuse, harassment, and privacy invasion?

I have a situation involving my sister, who is my representative payee. She has been abusive and taken over a bank account worth millions with her husband. I am handicapped and live in a group home, which adds to my challenges. She has also invaded my privacy and continues to harass me. I am... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation sounds deeply troubling, and I understand your frustration with your sister's behavior. When someone is appointed as a representative payee, they have a legal duty to act in your best interests, and abuse of this position could potentially form the basis for legal action in... View More

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

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?
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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 and Personal Injury for Massachusetts on
Q: If some1 is screamin at u & acting like they r gonna hit if u warn them if they hit u u will hit back a threat

At work this young girl decided to start screaming & yelling at me & humiliating he infront of guests & co workers even saying I shouldn't even be allowed to be a server cuz of my nasty missing teeth i never yelled at her i stayed calm the whole time even know i was humiliated but... View More

Michael Levin
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Michael Levin
answered on Jul 18, 2023

You have an excellent question and one that could certainly be open to a case for wrongful termination, but you will need to speak with someone who handles employment law. (Worker's Compensation only deals with workplace injuries.) Use Justia's "Find a Lawyer" tab and search... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: Hello my Boss took me to a hospital for a drug test. I was positive for drugs I am prescribed. Then he suspended me

He said his HR told him to suspend me for a week. I asked him for his hrs number and he said he didn’t have it. I am prescribed meds and have been working there for apt a year with no issues. I took Benadryl a couple days for allergies which made me tired. Can he legally do this to me

William J. Amann
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answered on Jul 13, 2023

This does not sound right at all. This forum isn't the appropriate place to give legal advice, particularly when there are almost always other facts and circumstances which would bear on the best next steps to take. I do recommend you consult with an experienced labor law attorney and... 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

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