My wife and I are planning on creating a single member LLC in Massachusetts where she would be the sole member and would be managing day-to-day operations for the business. I would be helping manage the business operations, such as finance, bookkeeping, and administrative items such as managing a... View More 
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answered on Jun 8, 2023
No, you don't both need to listed as co-managers. Whether you are a co-manager or manger has little to no bearing on whether you are considered an employee. Employee status analysis is best done under IRS rules. You also don't need to be paid but being paid would bear on employee... View More
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.
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
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
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
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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
My Florida based company had to file chapter 11, and the disputed wage claim was listed in the bankruptcy. The wage claim was never preserved by this person. However,I am still being sued in Massachusetts( where she lives,) personally for a wage claim that she never preserved. Isn't she... View More
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answered on Jun 19, 2023
I'm unsure what you mean by a wage claim "that she never preserved." This sounds like a case we may handled. Please contact me if it's related to Arete.
My manager made hiring more difficult based on their own specifications and not with an emphasis on skill set or qualification. The Manager also fired two experienced colleagues with no causes to do so other than what seemed because of their age.
answered on Jun 7, 2023
It is unlawful to discriminate in employment against workers over 40 based upon their age.
I have an email of the offer sheet he sent me stating he would pay for half of the insurance
answered on May 19, 2023
A Massachusetts attorney could advise best, but your question remains open for two weeks. This doesn't really look like an Insurance Bad Faith matter, one of the chosen categories. It appears to be more one of breach of contract or promise by your employer. You could try reposting and adding... View More
It’s a discrimination lawsuit
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answered on Dec 11, 2022
Inform your attorney of this in writing and speak with your lawyer about what sounds like a serious misunderstanding.
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answered on Oct 26, 2022
Sur reply.
Since the Plaintiffs' were over the 20 days from service what is the Motion called that can be put in? How does this Motion work within the Courts and/or Judge?
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answered on Oct 24, 2022
20 days from service, see Massachusetts Superior Court Rules 12 and 13.
Employee submitted fake driving records and was let go when real ones where obtained by HR. Company reputation was damaged.
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answered on Oct 4, 2022
Good morning. Based on the information you provided, I am assuming a former employee submitted bogus driving records and when that was discovered, was fired and subsequently has been defaming the company. If that is the case, it sounds like there might be a potential defamation case but suing... View More
It will be used as proof that I submitted a freelancers invoice for payment.
answered on Jul 26, 2022
There are generally no laws that would prevent you from doing this, but you should check your employer's policies on email security before doing so. If an employer adopts a policy against using your work email for purposes other than the work for the employer, you could be disciplined if you... View More
My husband lives in MA but works in NH. Can his employer make him use his vacation time if he's sick with Covid?
answered on Jan 18, 2022
Yes. There are no laws that require employers to pay their employees for time off work for any reason (and additional COVID-19 laws that would apply to this situation expired in 2020), so if the employer offers any form of paid time off, it can require that it be used according to its own... View More
Hi! I am a former UPS driver who was terminated after an employee accused me of drinking alcohol in the UPS truck and "acting drunk". The police were called and I passed a field sobriety test. My manager required me to submit to a "drug and alcohol test" although when I went... View More
answered on Dec 22, 2021
Generally speaking, an employer can always require a drug test. However, your question appears under the heading of "workers' compensation," which only deals with workplace injuries. It belongs under the heading of "employment law," and I will defer to experts in that... View More
Owner of company knowingly put me in danger of contracting covid by making me drive in a work van while he was visibly, extremely sick. Within days of that exposure I was diagnosed as covid positive. Refuses to pay me.
answered on Nov 24, 2021
While numerous laws were enacted in response to COVID-19 in 2020, these extra protections all expired on December 31, 2020. Now, whether and how much pay you are entitled to is governed strictly by the Fair Labor Standards Act (FLSA). The FLSA does not require employers to offer sick pay or pay you... View More
Dear Sir/Madam,
I am from Bangladesh, I recently received job offer from an employer in US and I would like to know what's the procedure for Bangladeshi citizens to be able to meet the immigration requirements. I will be working at a Coffee chain shop in state of Massachusetts which I... View More
answered on Nov 7, 2021
You may qualify for an L visa or you will need an H visa. More information is needed. Secondly, it is the employers responsibility to take care of the initial visa requirements for the employee. I suggest you have the emplooyer contact an experienced immigration attorney.
I had reported that my accomodations for light duty were not being made and a few days later I was suspended and haven't been told why
answered on Oct 6, 2021
You should contact a Massachusetts employment attorney to discuss your situation. Under the Americans with Disabilities Act, it is unlawful for employers to retaliate against employees based on requests for accommodations (or, in your situation, complaints that the accommodation requested is not... View More
The administrator had us working with no PPE and we all got covid. I still work at the place but people are suing the company. Would I be fired if I joined the lawsuit.
answered on Aug 29, 2021
This is a Workers Compensation question. My specialty is nursing home abuse litigation. Since you were injured in the course and scope of your employment, seek out a Work Comp lawyer. Best of luck.
Had breast cancer, chemo, radiation. Applied for a job, then covid hit. My immune system was really low as it was. Then went blind for over 6 months. Found out I have type 1 diabetes. Insulin 4 orore times a day. Immune system even lower. Trying to look for a job but they want me to pay them back... View More
answered on Jul 8, 2021
I'm sorry for your ordeal. This is something that a Massachusetts attorney could advise best on, but your post remains open for three weeks. You could repost under Employment Law. If you still don't get a response, try reaching out to attorneys to see if you could arrange a free... View More
would my employer get in trouble if i waived my breaks? i work 8 hours a day in MA and prefer to not take breaks
answered on May 26, 2021
Federal law does not require employers to offer any break periods to employees, so whether you are offered or take breaks does not give rise to any legal claim in and of itself. However, if you are told you must take breaks, then you can disciplined if you do not do so. In addition, while employers... View More
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