Blog » Employment Law

  • Remote Worker? You’re Vulnerable.

    May 22, 2019

    If you are a remote worker, you know the benefit of your job status.  First, there’s that two minute commute from your room to your desk.  You’ve stocked your kitchen with your favorite coffee or tea and snacks.  You’re allowed to arrive at your desk in sweats, a concert tee and flip flops.  There’s no email from HR afterwards reminding everyone of the meaning of business casual.  Moreover, you may have more flexibility if you are a remote worker.   Your schedule may allow you to visit an elderly relative or pick up the kids from school.  There’s a downsid

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  • Verbal and Written Warnings: 4 Things to Know

    Mar 1, 2018

    Verbal and written warnings are a head’s up from your employer that all is not well. If you’ve received a verbal or written warning, you may be anxious about your job.  Here are four things you should know if you’ve received a verbal or written warning or a performance improvement plan. warnings 1.Verbal and Written Warnings May be Progressive Discipline Many companies have written policies that include verbal and written warnings.  These policies are often contained in handbooks.  Employers typically use what’s known as “progressive discipline” to

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  • Severance Agreements: Nine Things to Know

    Feb 25, 2015

    Employees with proposed severance agreements often wonder if they can review and negotiate the agreement themselves.  Severance agreements are typically written to protect the company.  Severance agreements are legal contracts, typically drafted by the company’s lawyer.   The terms can affect you for months or years after you’ve left the company.  It is important to have your own lawyer on board to advise you on the following: Nine Things to Know about Severance Agreements severance agreements 1. Are there any potential benefits you are leaving on the table? 2. Should

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  • Market Basket A Game Changer

    Aug 30, 2014

    Market Basket employees and customers are celebrating a successful job action that led to the return of ousted CEO, Arthur T. Demoulas.  This dispute dominated news in Massachusetts, became a national story, and blew up social media sites.  From a lawyer’s perspective, what the heck was so unique about it and what does it mean for employer/employee relationships?  Here’s a few thoughts:  The employees controlled the conversation through Social Media.  Market Basket employees flocked to Facebook, Twitter, and used hashtags such as #MarketBasketStrong. They effectively use

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  • Sexual Harassment in the Massachusetts Workplace

    Jun 20, 2013

    Massachusetts law forbids sexual harassment in the workplace. Sexual harassment is either “Quid pro quo” sexual harassment or hostile environment sexual harassment. Quid pro quo is a latin term that means “this for that.” This type of sexual harassment occurs when an employer or manager gives a promotion or demotion or otherwise changes the terms of employment based upon the giving of sexual favors (or the refusal of sexual advances). An example of Quid pro quo sexual harassment is where a manager tells an employee that the employee will get a promotion if she sleeps wi

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  • Upcoming Seminar on the Independent Contractor Law

    Feb 8, 2013

    I am pleased to have been invited to present on the Massachusetts Independent Contractor Law at the Westford Job Seekers Network on Wednesday, February 27, 2013 at 2:00 p.m. at the J.V. Fletcher Library in Westford, Massachusetts.    We’re going to discuss the three part test used in Massachusetts to determine whether an individual has been properly classified as an independent contractor.  If you attend this seminar, you will learn the difference between an independent contractor and an employee under Massachusetts law.  You will learn the penalties companies face for misclassif

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  • Massachusetts Job Seeker Concerns

    May 22, 2012

    I have been fortunate to meet with groups of employees in job transition and to share thoughts on the legal rights of  Massachusetts employees.  On May 21, 2012 I presented at the ValleyWorks Career Center in Lawrence.  I discussed severance agreements, non-compete and non-solicitation agreements and the laws in Massachusetts protecting employees against discrimination. Even though I’m presenting, being in front of a group is always a learning session for me.  This audience of job seekers had particularly great questions and shared their concerns, including the following: (1) Sus

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  • Long Term Unemployment and Age Discrimination

    Mar 26, 2012

    The Wall Street Journal (“WSJ”) is reporting that many workers who have been out of the labor market for a long period of time are being left out of the recovery from the Great Recession.  The WSJ video can be found here.  The gist of the reporting is that the longer the workers are unemployed, the harder the time they have getting back into the labor force.  The reporter states that the challenge workers have may relate to skills erosion, the stigma employers place on the unemployed or perhaps over time the worker is spending less time looking for a job and has become de

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  • Upcoming Presentations In Massachusetts for Individuals in Job Transition

    Jan 24, 2012

    Massachusetts networking groups for job seekers are in full gear for 2012, lining up speakers for their programs.  On January 11th I presented at WIND North,  a networking group in Wilmington, MA.  I had the opportunity to meet with a terrific group of job seekers from many industries and talk about the laws that affect Massachusetts employees.  I presented on topics including age discrimination, severance agreements and the concept of being an at will employee. On Friday, February 3, 2012,  I will present on legal topics for employees in transition, including a discussion concerning se

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