Answers Posted By Evan Fray-Witzer

Answer to May an employer hire a witness named by an employee who has a pending law suit against the employer?

Based solely on the information as presented, no, the boss has done nothing wrong. *If,* however, "X" was hired as a way to induce him or her to provide an untruthful affidavit or testimony, the answer would change, but, as presented at least, the boss has done nothing wrong. Indeed, any other answer would penalize "X" for simply providing a truthful affidavit.

posted Oct 23, 2011 12:45 PM [EST]

Answer to Verbal Employment Agreement

Chapter 149, section 148

Hi. Most employment agreements do not need to be in writing to be enforceable. If the "friend" agreed to pay the $1,000 per week, then, under the payment of wages statute, he is obligated to do so. (The friend has some other problems as well including not meeting minimum wage, overtime, etc.)

Using the $1,000 per week, though, the friend owes your stepfather an additional $2,500. Failure to make proper wage payments can result in up to three times the actual damages, plus attorney's fees. Your stepfather should first file a complaint with the Fair Labor division of the Attroeny General's office. Complaint forms can be found online at the AG's website.

Good Luck.


posted Oct 3, 2006 8:23 PM [EST]

Answer to non compete

In a word...


Although I will add that, if you are a union employee, the answer very likely changes.


posted Jun 9, 2004 12:47 PM [EST]

Answer to Non-compete After Employment Agreement Expires

Poor draftsmanship, but....

Ah, yet another non-comp nominee for the Bad Drafting Oscars. All other things being equal, however (in other words, assuming that this particular non-comp was enforceable to begin with), I suspect that the non-comp will indeed remain enforceable for the one year post-termination period. I could see mounting the argument that, by presenting you with a new agreement to sign, the company impliedly admitted that the old agreement was no longer oprerative, but it's something of a thin argument. Still, non-comps are still oddly controversial and some judges just outright hate them, so you never really know. Good luck.


posted Mar 29, 2004 07:01 AM [EST]

Answer to Employee Handing Out Performance Survey at Workplace

One question, two answers

I liked this question so much, I've decided that it needs two answers. The first answer is, assuming that there are no policies to the contrary, there is no problem (technically) in handing out such a survey. HOWEVER...

This brings me to answer number two, which answers a slightly different question, but is (I think) more important. Although there is no legal prohibition to your handing out such a survey (and personally, I find it a clever idea), this does not mean that you could not be terminated for doing so. Why? Well, the employer might feel that your handing out such a survey was sowing dissent. Or, more likely, they might argue that it was making others uncomfortable because they felt they had to give you a positive response, regardless of their feelings. Or the company could just decide that you were a "troublemaker."

All of this is a long winded way of reminding you that we are an employment at will state which means that, with some very narrow exceptions, most people can be terminated for a good reason, a bad reason, or no reason whatsoever.

Good luck.


posted Nov 18, 2002 10:32 PM [EST]

Answer to Sign this or get terminated...

I'm afraid so...

In general, companies are allowed to enact policies like these and to require employees to sign them as a condition of employment or, in your case, continued employment. The Massachusetts Courts have held that continued employment is sufficient "consideration" to make these agreements enforceable. If you have a special situation, though, you can always try to talk to the company about modifying the agreement to meet your needs...

Good luck.

posted Oct 25, 2002 10:17 AM [EST]

Answer to is non compete valid if an H1B is kept illegally unpaid. ?


There are a number of recent Superior Court cases that suggest that an employee may be relieved of the obligations of a non-competition agreement if the company breaches the terms of the employment contract first. In your situation, it sounds as if the company may also have violated federal immigration law.

If I can be of any assistance, feel free to contact me.


posted Jan 10, 2002 12:26 AM [EST]

Answer to Descrimination

Possible discrimination

If you suspect that you are being treated differently because of your race, there are a number of things you may be able to do. The first is to register a complaint with the company's HR department (if there is one) and to follow whatever procedures may be mandated by your employee handbook (if there is one).

In addition, you can file a complaint with the Massachusetts Commission Against Discrimination (MCAD). It is VERY important that you file your complaint within six (6) months of the alleged discriminatory acts or you risk losing the right to pursue an action.

Good luck.


posted Oct 3, 2001 09:30 AM [EST]