Both Federal and Massachusetts laws provide women with job leave rights when they give birth or adopt a child. A bill recently filed in the Massachusetts legislature proposes amending state law to give men paternity leave rights. This would bring Massachusetts more in line with federal law on family leave, which is gender neutral.
. . . → Read More: Family Leave Requirements under Massachusetts and Federal Law
In Massachusetts, rights of minority shareholders who are also employees in a close corporation, are significantly greater than rights of employees at will. What is a “closely held corporation?” A closely held corporation is one that (1) has few stockholders, (2) no ready market for the stock and (3) the majority stockholder is substantially involved . . . → Read More: Rights of Minority Shareholders and Employees in Close Corporations
Employees who work on a commission basis often question whether they are entitled to receive commissions upon the termination of their employment. Massachusetts law provides that an employee who is terminated from employment involuntarily must be paid in full on the day of his or her discharge. These wages would include earned base salary, accrued . . . → Read More: Commissions As Wages For Terminated Employees
What rights, if any, do employees (non-union) have when they are laid off or fired from their jobs? First, Massachusetts law requires that the employer give laid off and fired employees all wages owed. If the company lets the employee go, the employee must be paid on his or her last day, not during the . . . → Read More: Rights of Laid Off and Fired Employees in Massachusetts
When employers present employees in Massachusetts with severance agreements, they are typically looking to accomplish certain goals, such as: (1) assisting the employee in transitioning to a new job, (2) having the employee waive certain legal claims such as the right to file a complaint for age discrimination; or (3) reinforcing agreements the employee previously . . . → Read More: Understanding Massachusetts Severance Agreements: Part II
Here’s the question: Can an employee be terminated without notice? Is the employee entitled to severance pay or any additional type of pay upon termination? Can an employee be terminated without notice where the employer states that the employee is unreliable?
Here’s the answer: In Massachusetts, non-union employees without a contract are employees at will, . . . → Read More: Can An Employee Be Terminated Without Notice in Massachusetts?
Attend any event for employees in transition in Massachusetts and you will find a great number of older workers. According to a recent article in the New York Times entitled: “Older Workers Without Jobs Face Longest Time Out of Work,” the typical length of time out of work for a worker between the ages of . . . → Read More: Understanding Severance Agreements in Massachusetts: Top Ten Tips for Older Workers
Termination of employment can be an enormously stressful situation for an employee. Given the typical emotional and financial fall out from a firing, it can be difficult to know how to handle the situation. Here are five things employees who are fired or laid off from their jobs in Massachusetts need to know.
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A severance agreement is a contract. An employee waives claims in exchange for legal consideration above and beyond what he or she was entitled to receive as an employee (typically severance pay and other inducements) to sign the agreement. A common misunderstanding by employees relates to whether they are entitled to severance. Employees who are . . . → Read More: Understanding Massachusetts Severance Agreements: Part I
On Tuesday, January 25th at noon I will present on what you need to know about severance agreements at the Boston Society of Architects for the Admistration and HR Group. We’ll discuss when it is appropriate to use severance agreements, what terms are typically negotiated, and what needs to be in the agreement in order . . . → Read More: Upcoming Presentation on Severance Agreements