Massachusetts Employment Legal Questions

Your personal history with your business partner is irrelevant to your question. The quick answer that the company's by-laws determine what each member or share-holder of the company can and can't do. It should also outline the responsibilities of each officer. Generally, some officer needs to submit the required reports to local and state government agencies. Also generally, if the by-laws don't mention the conditions under which the company can be sold or dissolved, any member or share-holder can sell the company and, after paying off all the company's debts, divide the profit between the other members or share-holders.... Read More

There are legal theories under negligent retention and similar claims that allow you to sue the employer in your situation.  This can occur when the employer is on adequate notice that certain employees or supervisors have engaged in repeated harassment or bullying.  When the employer then fails to act despite notice of the problems, and the employees continue to harass you thereby causing injury to you, you can bring a claim against the employer.  As to an attorney who would do this as a contingency fee, everyone charges differently.  You will need to ask the attorneys in your  area how they will charge... Read More

Most states prohibit withholding a paycheck for time actually worked without the employee having agreed to this in writing at some point during the employment.  Refusing to give the paycheck to the employee without any prior written consent would therefore violated numerous laws.  The employer would have to pursue any claim for damages for the trash can through court action.  I cannot tell you what Massachusetts law is on this point, but this would be illegal under the law of most states.... Read More

I am an experienced employment law attorney and your scenario describes a very accommodating employer.  Usually employers will just terminate an individual unable to meet the requirements of the job. I would continue to work with them and serious consider whether or not you can perform the necessary functions of the position.  If not, they can, and probably will, let you go. Good luck.... Read More

Hello, If your anxiety is caused by your workplace environment, you may be able to collect workers' compensation.  Your physician or mental health counselor must state that you are unable to work due to the workplace caused anxiety.  If you receive that opinion, you will be able to file a claim for benefits and possibly be placed on continuing workers' compensation benefits.  The answer is possibly, because I am unsure of the exact circumstances on your issue and the employer's/insurer's defense, if any.... Read More

There are many facts that a lawyer would need to know in order to advise you on whether you have some sort of legal recourse for this "targeting". These would include: 1. What is it that you are being targeted for. What is the STATED reason for your boss coming down on you, and is this consistent with what you believe to be the ACTUAL reason 2. Do you suspect that you are being targeted because of your race Ethnicity Gender Religion Sexual orientation Disability(ies) of some sort Age. 3. Are you in a union. Is there some sort of collective bargaining agreement. Do you have a formal contract with your employer, or is this an "at will" arrangement. 4. Have you reported any safety violations. Any violations of any laws. If so, then perhaps this "targeting" of you is in retaliation for reporting these things, and it might give you a basis for legal action. 5. What does this "targeting" consist of Verbal harassment. Being assigned to less desirable tasks. A loss in shifts or pay. Something else. Those are among the questions I would have to get answers to in order to help you figure out if you have any legal recourse.... Read More

If you have been working for the company for at least 12 months as a full time employee, and the company employs at least 50 people, then you have the right to take FMLA leave for up to 12 weeks. If you do not meet the requirements for FMLA leave, then it is possible that you are still covered by the Americans with Disabilities Act (ADA).  The employer cannot terminate you just because you have a disability.  BUT, you still need to be able to perform the essential functions of your job.  Being available  to work is normally an essential function of your job.  This does NOT mean, however, that you have to have perfect attendance.  The employer may be required to accommodate you if you only miss a 2-3 days every few months, but not if you are missing 2-3 days each week or each pay period.  You should speak to any attorney in your area who can explore the details in your case and can advise you whether you are protected by either the ADA or FMLA... Read More

The employer can change the rate of pay or commission rate prospectively without any problem unless you have a written employment agreement that provides the commission rate will be X % for a specific period of time.  The employer cannot change it retroactively.  So if you made a sale last month, the employer cannot suddenly tell you that all prior sales for January will be paid at a lower commission rate.... Read More

You do not have a right to a written reason for the suspension.  But, the company cannot suspend you based on the claim that you had a prior drug addiction as that would violate the ADA.  Also, if the co-worker claimed you were currently using drugs, you could file a claim for defamation against her. You should consult with an attorney... Read More

No.  An employee is not required to work a job without proper safety equipment.  However, whether or not particular equipment or PPE is required for a particular job will depend on both state and federal occupational health and safety laws and regulations.  Sometimes, an employee may believe protective equipment is needed when the regulations don't require it. ... Read More

The employer cannot avoid overtime simply by having you work for 2 different companies that he owns.  But this does not automatically mean you are entitled to overtime.  It will depend on many things such as the work you are doing, whether the owner carefully follows the rules that apply to him to keep the 2 companies separate, and few other facts. You should meet with an attorney who specializes in this area of the law and he can answer your question after reviewing all your facts... Read More

The first amendment might apply depending on what the statements were.  The statements need to be such that the public would have an interest in hearing them. It is also quite likely that the principal's threats are a violation of your state's labor law rules.  Employees can discuss terms and conditions of employment with each other and threats that you describe would be an unfair labor practice. You can discuss this with a labor attorney and/or with your union rep.... Read More

The employer can lay off an employee for economic reasons when the company is not doing well.  The question is whether the decision to cut your hours or lay you off as opposed to someone else was based on discrimination or was a legitimate business decision.  The company cannot choose you over another to lay off because of your age.  You should discuss this with an attorney to see whether there is a claim for age discrimination or not.  Some of the information the attorney will want to know is whether others in your job title were also laid off or asked to reduce hours and whether the company hired or transferred a younger person over to your position after you were laid off, and who is doing the work you use to do.  The best way to look at this is for you to pretend you are the employer and being as objective as you can, did it make sense to lay you off.... Read More

This is indeed unfortunate.  Unless your husband can show that the stroke was caused by the job (which would be very unusual -- even in Massachusetts) there is no law that requires the employer to pay your husband for time that he has not worked.    Michael A. Caldwell 404-979-3150... Read More

What you're talking about here is "on-call" time.  Under wage and hour law, "on-call" time must be paid by the employer only if it is "hours worked" under the law.  Whether your "on-call" time is "hours worked" depends on the facts, but generally we can say that if the employee is allowed to be at home (or away from the employer's workplace) and is permitted to use his/her time for personal matters, the "on-call" time is NOT "hours worked" for purposes of wage and hour law.  On the other hand, if the employee is required to stay on the employer's premises while "on-call" or is contacted so frequently while "on-call" that he or she cannot attend to personal business (even if the employee is permitted to be away from the workplace), then the "on-call" time may be counted as "hours worked."  Based on what information you have provided, I understand you would be permitted to be at home while "on call," and could use the time for personal business or sleeping.  I also understand you would only occasionally be called in.  Under those circumstances, I doubt the time you are "on call" would be considered as "time worked" under federal wage and hour law.  Your state law could be different, so I recommend you check with your state Department of Labor.... Read More

You don't provide enough information for me to give a definitive answer.  However, generally, where the employer is covered by FMLA, employees are entitled to up to 12 weeks unpaid leave to obtain treatment for a serious health condition.  If the counseling is treatment for a diagnosed serious physical or emotional condition you may be entitled to leave for the treatment.  If you are entitled to the leave, it may be taken as "intermittent leave" - used in hourly increments rather than entire days off.  However, if you are simply seeking counseling to help you resolve personal issues, that sort of intervention  may not be a "serious health condition" which would entitle you to leave.... Read More

You could have a retaliation case against your employer if you can show that you conducted a competent investigation and the facts that you uncovered that were unfavorable to your manager would lead a reasonable HR professional to conclude that the employer had acted illegally, and that you reported this finding to your employer and recommended that it take action to correct the illegal situation.  This would be "oppositional" protected activity under Title VII (assuming the claim was harassment because of the victim's federally-protected status).  Michael Caldwell 404-979-3150... Read More

If you have a written employment contract with your new employer, you can hold the new employer to the terms of your contract. Without a written employment contract, it is your word against his as to whether in fact you were ever offered a job. Even if you were in fact offered a job, you would have been an employee at will and as such the employer can fire you for any reason or no reason. You may have a claim for lost wages from your former employer. However, you would also have to prove that you tried but could not get another job during the time you would claim to be out of work. I suggest that you consult an attorney at your earliest convenience.... Read More

Call the state certification agency and find out what they have on file. If they don't have all your training credits on file, call your employer and ask them to forward them to the state training agency.  If the employer refuses, make the request to the employer in writing and supply a copy of it to the state training agency.  Other than than I don't know what to suggest, unless Massachusetts law provides for a specific duty on the employer's part to track and turn in the training records for its employees (in which case you may have a procedure for the state certification agency to obtain the records form the employer)..... Read More