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Massachusetts Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Massachusetts on
Q: Is it legal in Massachusetts for an employer to lay off an employee in which they provide no end date?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 24, 2017

See my answer to your identical question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: Is it legal in Massachusetts to lay off an employee and not provide any end date of employment.
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 24, 2017

Your termination date is generally when you're notified of the lay-off, unless another date is specified. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More

1 Answer | Asked in Employment Law and Contracts for Massachusetts on
Q: I'm an inde contractor live in MA, work for a company in NJ. Not paid in 1 year. Where to file lawsuit - in MA or NJ?

I am a draftsman and do work for a fabricator in NJ. I have not received a penny from them in an entire year now. I want to file a suit for the $35k they owe me but I am not sure where to do this. I hope I do not have to file this down in NJ since I work here in MA. Please Advise

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 18, 2017

If you formed the contract while you resided in MA, you may be able to sue them in MA for breach of contract, unless the contract you signed states otherwise. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Massachusetts on
Q: Can an employer ask a employee for there court records? Also does a employer have to pay an employee on admin leave?

I know it's illegal to make an employee do there own background check I just didn't know about court records?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 12, 2017

Court records are typically public documents. What is the basis of the administrative leave? If it's based on employee violations, then I see no reason for pay during that period. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: Does the state of Massachusetts mandate employers pay unused vacation/sick time at termination of employment?

My employment has been terminated in the state of Massachusetts. I was offered a severance package. The contract states that I will not be paid unused sick or vacation time, unless governed by the state.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

See: http://www.mass.gov/ago/docs/workplace/earned-sick-time/est-faqs.pdf (page 10)

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,...
View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: I am part time but I work full time hours. How many weeks can I work before offered full time?

I am part time and I have been working full time hours for weeks now, how many weeks can I work full time scheduled hours before my employer has to legally offer me full time position?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

Are you seeking an employment contract? You seem to already be in a full-time position. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: I'm full-time exempt in MA. Employer was closed 12/26, but they're making us use a vacation day. Legal?

Often close the corp office and require us to put it in to ADP as our (very limited) earned time off.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 18, 2017

If the employer closed the business on a certain day, they cannot count that as one of your vacation days. You'll have to decide whether it's worth it for you to complain about this or move on to a better employer. The best first step is an Initial Consultation with an Attorney. You can... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: Job offer taken back ...

I was offered a job from a medical facility in boston which I accepted, I then turned down another offer from different employer. Later in afternoon, the HR person from offer I accepted called and left a voice mail on my cell phone ( which I made sure I saved) that she hired me in error. I am... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 3, 2017

That type of error may be grounds for damages in a promissory estoppel and negligence lawsuit. It depends on the nature of the offer and acceptance and the extent of damages. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: I got a job offer that says I will be an "at-will" employee. What does that mean?
Nan Evans
Nan Evans
answered on Dec 21, 2016

That means that you can be fired at the will of the employer, for any reason, good, bad or ridiculous. The only exceptions are if the reason for termination involves a discriminatory motivation. There are a handful of other reasons: you can't be fired for doing something you are required to do... View More

1 Answer | Asked in Employment Law and Civil Rights for Massachusetts on
Q: Equal facilities within the workplace.

I have worked in the same job for 20+ years The male employees have, and have had a changing/ workout and showering area. Female employees, having no private area, they complained and were given a public bathroom with a sign put on the door and now a lock on it. Complaints are still being made as... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 11, 2016

This may evidence gender-based discrimination at your place of work. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any... View More

2 Answers | Asked in Employment Law for Massachusetts on
Q: Hello! I was let go of my job at the end of Oct 2016, I have not received my earned PTO time which was 40hrs

I am from MA, under the law am entitled to it correct? and the HR person promised it to me. It has been over 2 weeks whats my best course of action?

Nan Evans
Nan Evans
answered on Nov 20, 2016

I would suggest you contact the Wage and Hours division of the Massachusetts Attorney Generals Office. If you worked in Massachusetts, you most likely are entitled to Paid Time Off, and in general, whatever pay you earned during your employment should be paid to you when that employment ends.... View More

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1 Answer | Asked in Employment Law and Immigration Law for Massachusetts on
Q: When must i file my marriage papers?

Foreigner and married a citizen. Currently on status and have a pending petition on my next property. I was wondering when must i file my papers? And should i discontinue my contract to my next property?

Matthew J Hartnett
Matthew J Hartnett
answered on Oct 16, 2016

You should schedule a consultation with an immigration attorney to discuss when is the right moment to file for adjustment of status. Many of us offer free consultations. I hope this answers your question. Basically, you should discuss this more in detail with a lawyer in a private consultation... View More

Q: I was terminated from my job is this legal and or fair

I was recorded talking about my boss and did not know ! also they said there firing me as an example! i was never ever given a verbal warning or written in the 20 yrs worked there, when all other people get warnings

Nan Evans
Nan Evans
answered on Oct 10, 2016

It certainly sounds unfair, which does not necessarily make it illegal. I would need more information about the overall situation before answering about the legality. For example, did people get warnings for talking about the boss or for other types of "misbehavior?" Did you know you were... View More

2 Answers | Asked in Employment Law and Personal Injury for Massachusetts on
Q: Can I sue a company who let someone work whit out paper past 5 years and let him drive whit out mass license

Person still operating whit out mass license and still working for the same company

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 21, 2016

No. You can report them to immigration and the DMV though.

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1 Answer | Asked in Employment Law for Massachusetts on
Q: Can I be sued for legal fees related to motion to compel arbitration if I prevail in the arbitration.

I sued former employer for unpaid wages in state court. We had an arbitration agreement in the employment contract. Employer filed to compel arbitration and we moved to arbitration. Employer settled arbitration before the hearing for $xx,xxx to be paid to me in two installments, one remains... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 5, 2016

Your first step should be to look at the settlement agreement you signed. Does it say something to the effect that this settles all claims between you? If so, you should win. Otherwise, your argument is that the wage issue was a breach of contract, and thus, as you note, their claim should have... View More

1 Answer | Asked in Bankruptcy, Consumer Law and Employment Law for Massachusetts on
Q: Can changes be made to my Loan Modification Agreement if I became unemployed in the process?

A little over a year ago, I requested a loan modification agreement while I was employed full-time. January 2015, I lost my job and filed for unemployment where I collected for 6 months until my benefits ran out. Unfortunately, I still have no job. There was a 3 month trial period, which my sons... View More

Lamya A. Forghany
Lamya A. Forghany
answered on Jan 22, 2016

That is a tough one. It is true that you can qualify for a modification once every 12 months, HOWEVER, if there is a change is circumstances, then you could always apply again. I would call the bank and find out what your options are. If you still need help, feel free to call me.

1 Answer | Asked in Employment Law for Massachusetts on
Q: What does the law of Massachusetts say about termination of employment for an expectant / pregnant woman for no reason?

Is this permissible? Or are there laws protecting women from this type of sex discrimination? Thank you.

Simon B Mann
Simon B Mann
answered on Dec 28, 2015

Yes, there are laws that protect pregnant women in the workplace. Ch 151B in Massachusetts is the state anti-discrimination law and it may provide protection in your case. You may want to consult with any attorney. An employer cannot treat you differently than similarly situated non-pregnant... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: Question about employers switching you from salary to hourly?

My job is switching me from flex salary to hourly. However, paid days off I'd use to receive $16.25, being my base pay an hour. My flex salary was 40 hours is $650 & 50 hours is $715. Now they are switching it to being $13 an hour with overtime. With paid days off $13 an hour instead of... View More

Simon B Mann
Simon B Mann
answered on Dec 28, 2015

You are probably an at will employee so your employer has a lot of control over your salary, but if you are a member if a protected class and they are changing your salary but not other similarly situated co-workers, you may have a potential claim.

1 Answer | Asked in Employment Law for Massachusetts on
Q: can a public employee (school teacher) solicit signatures for a constitutional amendment from staff in the school?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 30, 2015

Is this a question of an after the fact thing? If so, it has already happened, right? So the real question ought to be what can be done about it. Probably nothing.

1 Answer | Asked in Employment Law and Immigration Law for Massachusetts on
Q: What are my options? Please correct me if I am wrong about information I Have

I am an OPT Student.

I was born in Ukraine, I have a paper which proves it from hospital.

My Mother is Ukrainian(now Russian); Dad is Russian.

I was born in 1992 the time when USSR fall, and at the time it was easier to make my birth certificate in Russia, so on birth... View More

Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Sep 23, 2015

You should sit down with an experienced immigration attorney, who will tell you more about the immigration law. Good luck. www.aba-us.com

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