Answers Posted By Judith Miller

Answer to Being demoted from Director to Manager or laid off after maternity leave.

Maternity Leave Rights

An employee who works in Massachusetts may have rights to reinstatement under either the Family and Medical Leave Act, a federal statute, or under the Massachusetts Maternity Leave Act, a state law, or both. Under both laws, if the employee notifies the employer that she intends to return to work within the period of leave specified in the statute, the employer must give the employee a job, either the same or an equivalent position. Under certain circumstances, the employer is permitted not to give the employee the same or an equivalent job. You may want to contact the Company's human resources department as a first step.

posted Nov 12, 2001 1:48 PM [EST]

Answer to Repayment of move benefit after layoff at new location

It never hurts to ask

Whether the company can require you to repay the "high cost of living" benefit depends primarily on the wording of the agreement, but the company's past practice as well as representations made to you before or at the time you signed the relocation agreement may have a bearing on the answer, as well. In any event, you may initially want to try asking them to reconsider this decision based just on the equity issue here.

posted Oct 29, 2001 1:03 PM [EST]

Answer to Enforcability of Non-Compete When Going From MA to CA

Non-compete

Whether a non-compete is enforcable depends on a number of factors, including, the law of the state in which the parties entered into the agreement, the state law, if any, which the parties selectd to control the terms of the agreement, whether the new agreement is binding on the successor company, as well as the specific terms of the agreement and the job in which you are working. Generally, California law is much more favorable to employees in the area of non-competes than Massachusetts law, but, if the contract is governed by Massachusetts law, the court or arbitrator may be required to interprete the agreement under Massachusetts law. Arbitration is generally a good forum in which to resolve these disputes, particularly for employees, as it is usually a cheaper and quicker process than the court process.

posted Oct 15, 2001 10:41 AM [EST]