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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 
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
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
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
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
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)?
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
I recently got a new job at a small business pizza place. The owner of the establishment was also my boss/supervisor, whathaveyou. He was training me and I accidentally messed up a customer's order. He struck my hand out of frustration and walked away after muttering something to me about not... View More
answered on Jul 5, 2023
Unless the slap was hard enough to seriously injure you, I think you've done the best thing that you could do in quitting. One of the benefits of the employment-at-will doctrine is that you are not legally beholden to your employer and can quit for any reason at any time. While it may be... 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.
A few weeks ago I was terminated from my retail job of 4 yrs’ I was brought in the office to speak to LP. I was not even clear why I was there and had to ask 2times. They questioned me for 2 hours.they accused me of giving free merchandise to a customer by not scanning it. I don’tknow this... View More
answered on Jun 9, 2023
Most states have laws preventing employers from recovering damages from employees/former employees for ordinary negligence. If you made an error in ringing up an item, you are not responsible to repay the employer for this. Being detained against your will for 2 hours by LP could be false... View More
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 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
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