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Labor & Employment Law

Massachusetts Employment Law Blog Massachusetts Employment Law Blog

Legal topics as they relate to Massachusetts and Federal employment law. Special attention is paid to M.G.L. 151B, more specifically, the anti-discrimination laws. Employee rights in the workplace along with those rights subsequent to termination.
By Michael Goldstein, Esq.

Post Frequency: 0.1/day

Last Entry: August 11, 2008 at 08:35:05

Recent Entries: 22

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Protecting debtors from failure to hire, promote or termination after filing bankruptcy

Posted on August 11, 2008
The stigma of filing bankruptcy has stopped many debtors who rightfully and propably necessarily need to file bankruptcy. The truth of the matter is that filing bankruptcy is a right granted to all Americans by Congress and as such, is a protected right...


EMPLOYER?S CAN NOT DISCRIMINATE BASED UPON BANKRUPTCY FILINGS

Posted on July 08, 2008
Laws protecting debtors from employment discrimination, more specifically, failure to hire, promote or termination after filing bankruptcy, have been deemed illegal discrimination pursuant to both Federal and state law. No employer is allowed to terminate an employee or discriminate against said employee solely because they are bankrupt or a debtor...


Employer’s can not force you to break the law

Posted on June 17, 2008
There is no clearly established public policy requiring employers to refrain from demanding that their adult employees work long hours, nor is any public policy directly served by employee’s refusal to work long hours. Upton v. JWP Businessland, 425 Mass...


Employees who engage in sexual activity at work can still claim Sexual Harassment

Posted on May 28, 2008
A central issue that many Plaintiff?s face in bringing claims for sexual harassment in the workplace is whether they were actually offended. More specifically, when a Plaintiff has engaged in conduct at work that may be construed as sexual in nature, whether it be sending sexually explicit emails, viewing pornography at work on their [...


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Teen Girls the subject of Sexual Harassment

Posted on May 04, 2008
The press as well as employment lawyers have significantly educated the American public as to the problem of sexual harassment in the workplace. Many adults were subject to sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature which had the purpose or effect [...


CASES THE EMPLOYER FAILED TO HIRE AN EMPLOYEE AS A RESULT OF NOT JOINING A UNION

Posted on April 03, 2008
Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection...


Can you be terminated just prior to vesting in your benefits?

Posted on April 02, 2008
The Court held that the covenant of good faith and fair dealing is violated when an employer terminates an at-will employee without good cause and deprives the employee of a clearly identifiable future compensation reflective of the employee?s past services...


WHAT IS A FORMER EMPLOYER?S LIABILITY TO A WRONGFULLY TERMINATED EMPLOYEE?

Posted on March 19, 2008
The Superior Court judge correctly concluded that Beriont is properly considered an at-will employee since he failed to produce an employment agreement with a definite period of employment. Jackson v. Action for Boston Community Dev., Inc. 403 Mass. 8, 9 (1988)...


EMPLOYMENT RETALIATION A FORM OF DISCRIMINATION

Posted on March 05, 2008
Pursuant to Massachusetts?s employment law, an employer can be liable under the discrimination statute even if they don?t necessarily discriminate against a protected class of individuals. Rather, an employer can discriminate against a person who is simply attempting to conduct some activity protected by the law...


Employees most likely to sue for wrongful termination

Posted on February 22, 2008
There are many employees who fall into a protected class of individual. For example, the Federal Civil Rights Act of 1964 and the Massachusetts Laws regarding discrimination, M.G.L. 151B, speak to cases of gender, race, national origin, handicap, religion and sexual harassment...


Federal Employment Discrimiantion - MSPB and EEO: What is a ?mixed case??

Posted on February 10, 2008
I recently came across a very interesting blog post by Attorney Chris Attig. Below Please find the article which was originally posted on his website, http://www.attiglawfirm.com/blog. One of the most challenging aspects of Federal employee employment law is the concept of the ?mixed case?...


What is the Difference between Worker?s Compensation & Personal Injury Law

Posted on January 31, 2008
The most important difference between Worker?s compensation and personal injury law is that worker?s compensation is a personal injury that occurs at the individuals workplace or in the scope of their employment and a worker?s compensation claim must be brought to the Department of Industrial Accidents (DIA) and therefore is subject to the DIA?s rules [...


What is Retaliation under Massachusetts Employment Law

Posted on December 30, 2007
Pursuant to Massachusetts law, the word retaliation is defined as; an employer taking and adverse action against an employee as a result of the employee conducting some form of protected activity. Retaliation is a separate claim from discrimination, it can be found in Massachusetts General Laws in chapter 151B...


The Federal Court held, employees strange behavior can put employers on notice for required FMLA

Posted on December 26, 2007
In October 2007, the Federal court held that in the context of the Family and Medical Leave Act; direct notice from the employee to the employer is not always necessary. In the context of the Family and Medical Leave Act (FMLA), either an employee’s inability to communicate his illness to his employer or [...


Burden Of Proof in a Voluntary Quit Case

Posted on December 21, 2007
If an employee voluntarily quits his or her job and is seeking to gain unemployment compensation from the Division of Unemployment Assistance (DUA), they have a burden of proof to the Division of Unemployment Assistance in order to demonstrate that their voluntary quitting wasn?t without good cause attributable to the employing unit or its agent...


Privacy Rights in the Work Place

Posted on December 20, 2007
Employees have rights in the workplace when it comes to employer intrusion into their personal business and their privacy. In Section 652B of the Restatements (second) of Torts it provides information regarding intrusion. It states that ?one, who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or [...


Can I be Fired for Being Too Fat or Short?

Posted on December 03, 2007
As of right now there is no specific law in Massachusetts that protects an individual if they believe they were discriminated against in the work place as a result of being too fat or short. This type of discrimination can manifest itself in the form of wrongful termination, failure to promote or a failure [...


Employee privacy rights

Posted on December 03, 2007
On our cyberlaw blog, Ashley has written a great article discussing the issue of whether an employer can monitor their employee’s emails. In this article she indicates that An employee generally does not have an expectation of privacy. Pursuant to the Electronic Communications Privacy Act (ECPA) it provides for implied authorization to review employee emails, [...


Massachusetts Law is More Friendly to the Disabled then Federal Law

Posted on November 25, 2007
In yet another great example of how Massachusetts law is more favorable to discriminated employees than its Federal equivalent, the Federal Courts have limited the statute of limitations on filing wage discrimination claims. The Supreme Court of the United States ruled this past summer that statutory limitation provision in Title VII require that employees [...


Handicap Discrimination often leads to Worker?s Compensation Benefits

Posted on November 18, 2007
Massachusetts General Laws c. 151 B and 152, speak directly to handicap disability under the worker?s compensation act. Pursuant to M.G.L. Chapter 152, an employee who sustains a work related injury and is capable of performing the essential functions of a job, with or without reasonable accommodation is a ?qualified handicapped person? under the Massachusetts [...


10 Ways You Benefit from Unemployment Insurance

Posted on November 17, 2007
Unemployment insurance (UI) provides benefits to Massachusetts worker?s who are unemployed through no fault of their own. Unemployment insurance is a temporary income protection program for workers who have lost their job, and who are able to work, available for work, and looking for employment...


Do you have to let the insurance company’s doctor examine you?

Posted on November 17, 2007
A Massachusetts personal injury lawyer Christopher F. Earley, has an informative post over at his Boston injury lawyer blog concerning the requirement to submit to an IME (independent medical exam), when a claimant slips and falls. Recently, I have had several workers compensation clients ask me if they needed to allow the insurance companies doctor?s to [...


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