Massachusetts Employment Contracts Legal Questions

It is possible that, for various reasons, this contractual provision would not be enforced by a Court, but it is not illegal.  There is no law that sets forth how much notice a private employee has to give a private employer before leaving, it is simply based on the parties' agreement.... Read More

Assuming you have no contract which provides otherwise, yes.  The funeral home is entitled to set the terms of your continued employment.  It has made responsibility for financial mistakes a term of that employment.  You don't have to agree, but if you don't the funeral home does not have to continue to employ you.  Moreover, the law is that employees are liable for any damages their neglicence causes the employer.  Many employers don't try to recoup these types of damages from their employees because it's bad for employee relations, but they do have the right to do so.... Read More

Entitlement for unemployment benefits require that the termination was for "no fault" of the claimant. So the appeal is about denying the benefits because the termination was based on some fault or wrongdoing by the claimant. This reason will be documented in the claimant's (your fiancee's file) and can be reviewed copied by your fiancee (for preparation to defend against the appeal) by contacting the Hearings Department listed on the hearing letter she received from the DUA. If they don't appear at the hearing and you do, it will be dismissed (she will get benefits) otherwise and depending on the fault stated by the school, which could be one of the following, she herself  or her attorney need to prepare to challenge the appeal. Discharged for deliberate misconduct or violation of company rules or policy, including absenteeism or tardiness. Released due to to inability to meet performance standards Reasonable assurance for reemployment If she choses to represent herself, a good reading of this guide will help. Google and download  " Unemployment Advocacy Guide an advocate's guide to unemployment in Massachusetts "... Read More

Assuming that you are being paid for the additional work, your employer may be acting insensitively, maybe even unreasonably, but not illegally that I can see.  Other than as required by statute (for example, the family leave act), an employer is under no obligation to make allowances for your personal schedule, regardless of how worthwhile your out of work activities are.  If neither your employer nor your school is unwilling to make any concessions, you will have to choose between keeping your job and going to class.... Read More

Barring a contract speciifying a specific term of employment (e.g. a 3 year employment agreement) or limiting the reasons why an employee can be fired (e.g. employee can only be terminated for good cause etc.), an employee can be fired at any time for any reason except those specifically prohibited by statute (e.g. race, religion, age, some types of whistleblowing, etc.) ... Read More

If I understand your question, true.  The difference between employees and independent contractors is in the amount of discretion they have in their tasks, the amount of supervision and direction given to them by the principal, not what task or function they perform.  The distinction, however, is important in many situations, because the answer to many questions can be different depending on whether the person is an employee or an independent contractor, including whether the principal is responsible for the negligence of the agent, whether the agent is entitled to unemployment coverage, whether he is coverd by the principal's insurance, whether he can sue the principal for a job-related injury or is relegated to collecting worker's compensation, etc.... Read More

Due to the complex nature of your husband's claim, you will need to contact an experienced workers' compensation and personal injury lawyer.  Even though your husband may be a classified as an independent contractor by the employer, the facts may lead to a different outcome in the eyes of the Massachusetts Department of Industrial Accidents.  The classification of an independent contactor is very specific and an experienced workers' compensation lawyer is needed to evaluate your husband's workers' compensation status.  The status is very dependent on the nature of the work performed, the amount of supervision provided, the hours worked, as well as many other determining factors. In regard to the personal injury claim, based on the facts provided here, it is likely your husband does have a claim against the driver of the ATV.  It appears that the driver was negligent in the operation of the vehicle and therefore liable for the damages sustained by your husband.  In terms of the firing, I would suggest that it will be unlikely that your husband will be fired due to the extensive injuries sustained in the accident while on the job. Please contact my office to further discuss your husband's options. John C. Pomykato, Esquire Pomykato & Pomykato (617) 423-0001 Pomykatolaw.com... Read More