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Massachusetts Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Employment Discrimination and Civil Rights for Massachusetts on
Q: Can I sue?

I work for Amtel and they told me because I called out twice because the first time I went to the clinic do to high blood pressure and I’m diabetic so my sugar was really low the second time was because I got sick with strep and fever and because of my fever I had a really high blood pressure... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Jan 30, 2018

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... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: Is it legal for me to work until 11 PM?

I live in Massachusetts. I'm 16 years old and I applied to a nursing home but they told me they might not be able to hire me because I might not be able to work until 11 PM. I can't find an answer online. Everything seems to suggest it's only like that for minors that go to school but I don't.

Jonathan R. Roth
Jonathan R. Roth
answered on Jan 16, 2018

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...
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1 Answer | Asked in Employment Law for Massachusetts on
Q: Can my employer deny to pay me full PTO hours upon termination?
Jonathan R. Roth
Jonathan R. Roth
answered on Jan 16, 2018

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... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Tax Law for Massachusetts on
Q: I settled an employer age discrimination/retaliation complaint in 2017...can I claim fees 2015-17 on my taxes

I filed a legal complaint shortly after quitting in 2015, and filed a MCAD complaint in 2016. The case was settled out of court in 2017

John Espinosa
John Espinosa
answered on Jan 12, 2018

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

1 Answer | Asked in Employment Law for Massachusetts on
Q: Can an employer take the signature page from a document that I signed and attach it to a revised policy that I didnt rea
Jonathan R. Roth
Jonathan R. Roth
answered on Jan 11, 2018

No. Absent your authorization to do so, it is not a lawful act

1 Answer | Asked in Contracts and Employment Law for Massachusetts on
Q: Company claims I am bound b the terms of an unsigned contract.

If I started work for a company approximately 10 years ago, and was given a contract to sign. However I chose not to sign the initial contract. Approximately 5 years later the company came up with another contract. Again I did not read or sign the contract. I was not asked for a signed contract... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Dec 19, 2017

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... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: Salaried exempt employee's pay being docked due to sick days

I am a working mother in the state of Mass. My pay is being docked due to PTO bank being used. There is no sick leave policy in the handbook; it just covers PTO. The word sick isn't even mentioned. I have used all of my PTO for my sick children, and myself being sick. Can they legally dock my... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Dec 11, 2017

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... View More

1 Answer | Asked in Employment Law, Business Law and Health Care Law for Massachusetts on
Q: can Massachusetts mandate certified nursing assistants?
John Espinosa
John Espinosa
answered on Dec 4, 2017

If you are speaking of state requirements for CNAs, here is a starting point: https://www.mass.gov/service-details/nurse-aide-registry-program

Q: What could I sue for in this drug test instance?

So my employer is the medical director at a psychiatrist office. I am an administrative assistant. His wife, who does not have a visa to work in this country, randomly drug tested me, in a public bathroom that is shared with the whole office building of different businesses, with a store drug test,... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Dec 4, 2017

First of all if the medical director's wife is here on a Visa that does not permit her to work, then she is prohibited from administering any drug test for your company or any other company. In that event the use of the drug test can be challenged. Second, Massachusetts does not have a defined... View More

2 Answers | Asked in Employment Law for Massachusetts on
Q: What are the laws in MA regarding testing positive for marijuana on a new employer drug test if I have a MA medical card
Jonathan R. Roth
Jonathan R. Roth
answered on Nov 30, 2017

Since the use of Marijuana is still illegal under Federal law companies that have a no drug use policy can still refuse to hire an employee that tests positive for the use of marijuana or fire one that tests positive. The law is still in its infant stage, but unless an employer wants to change its... View More

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1 Answer | Asked in Employment Law for Massachusetts on
Q: Is there a limit of hours an adult is allowed to work? Is a job responsible after shift has ended (ex: car accident)?
Jonathan R. Roth
Jonathan R. Roth
answered on Nov 13, 2017

Basically, with few exceptions such as a Truck Driver, there is no limit on the number of hours an adult employee is allowed to work. There are conditions and limitations on an employer's right to force overtime, although most hourly employees like a little overtime.

As to the...
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1 Answer | Asked in Employment Law for Massachusetts on
Q: I wanted to know if employers could see my health records when i apply or want a job and how much can they see.
Jonathan R. Roth
Jonathan R. Roth
answered on Nov 7, 2017

Unless you grant them permission to look at your health records they are not entitled to see them. I am not sure what you are concerned about, but you cannot lie on a job application. For jobs that require security clearance, the entity which checks your history for security clearance may be able... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: The cafe I’m working for is closing for 6-8 months to rebuild. Can I collect? Who is responsible? State of business?
Jonathan R. Roth
Jonathan R. Roth
answered on Oct 22, 2017

Assuming you have enough weeks worked to qualify you can collect unemployment.

1 Answer | Asked in Employment Law for Massachusetts on
Q: Can a previous employer contact a current employer for no other reason other than to advise I left their place

I was pursued by a particular company, decided to give it a try, but after working there for 3 days I decided it wasn’t for me and left. They are now contacting my current employer telling them how I left basically trying to sabotage me. There was no other purpose for their call other than to... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Oct 19, 2017

Unless your current employer contacted them, they are not allowed to call your current employer. More importantly, depending upon what they said they may have opened themselves to law suit under several statutes.

1 Answer | Asked in Contracts, Employment Law and Immigration Law for Massachusetts on
Q: Can a USA employer finance my Masters degree cost for F-1 Visa?

am from Bangladesh. I am graduating this year on December 2017. I am a freelancer and currently working for a USA firm for more than one year, as my BOSS is very happy with my work he wants to finance my Masters degree in the USA. He wants to give me a employee contract letter with 30K or funding... View More

Hector E. Quiroga
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Hector E. Quiroga
answered on Oct 12, 2017

Yes. He should sit down with an immigration attorney to go over to process.

1 Answer | Asked in Business Law, Contracts and Employment Law for Massachusetts on
Q: If I am a freelance composer in outside USA, is it legal to work with USA companies with payments?

I am a music composer originating from Korea and New Zealand, which is not USA, but I am willing to work with USA companies as a freelancer. Then do I need specific thing to do before I do it, or am I just good to work, or is this up to the company that gives me work?

Jonathan R. Roth
Jonathan R. Roth
answered on Oct 12, 2017

You do not have to have a specific entity to do business with a US Company in the US. You need to contact a local attorney who understands the Tax Treaty between the US and your home country as to tax withholding and tax liability. The US company may require you to get a TIN (Taxpayer Identity... View More

1 Answer | Asked in Employment Law and Contracts for Massachusetts on
Q: boss is making terminated employees sign an agreement not to apply for competitors. If refuse to sign agree what happen

I may get terminated from my job and my boss is forcing terminated employees to sign agreement to not go work for competitors if I refuse to sign agreement what can I expect

Jonathan R. Roth
Jonathan R. Roth
answered on Oct 3, 2017

First, while trying to make a non-compete agreement as part of a termination package is clever, I am not sure it is enforceable under MA law. Moreover, unless someone is properly compensated, promotion and raise or a raise, a non-compete agreement is not enforceable if not executed at the time of... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: My daughter was wrongfully fired. Her pay check is now ready. Does she have to sign to get it
Jonathan R. Roth
Jonathan R. Roth
answered on Sep 14, 2017

If they are including severance pay, then she may have to sign something. If they are just paying her wages and accrued vacation pay, then no she does not have to sign anything. I would contact an employment attorney in your area if you have more questions.

1 Answer | Asked in Employment Law and Workers' Compensation for Massachusetts on
Q: Lawsuit for injury at work then being fired

I worked there full time for about two months I injured my leg on the job, I told them about it they still had me work the next day I tried my best but could not work through the pain I told the manager I cannot work on it I need to go to a doctor to make sure it doesn't get worst I got hurt 2... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Sep 5, 2017

Contact a workmen's compensation attorney immediately. If you do not know one, call the Massachusetts bar association and ask for a list of attorneys in your area to assist you.

1 Answer | Asked in Employment Discrimination and Employment Law for Massachusetts on
Q: My employer is dismissing me several hours early so they don't have to give me breastfeeding breaks. Discrimination?

I work at a daycare where my infant attends. I require three 30min breaks but can sometimes switch with another teacher so I can supervise while nursing. Today I was sent home 5 hours early while all my coworkers had to work 9 hour shifts with no lunch break because we are short-staffed. My... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 20, 2017

Massachusetts has some pretty decent laws, for such issues.

Select someone on this list, and see if you can get legal help:

http://attorneys.superlawyers.com/discrimination/massachusetts/

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