Answers Posted By Kevin McGann

Answer to Can my employer refuse to pay my already approved and taken vacation?

As brief as it is, it doesn't sound legal. Contact the Attorney General's office Wage and Hour division to file a complaint.
Try this:

posted May 23, 2016 8:12 PM [EST]

Answer to put in my two weeks and now they wont pay me my vacation or commision

Sounds wrong to me. Contact the Massachusetts Attorney General's Wage and Hour section through 617-727-3465 or the Attorney General's website to file a complaint and get further advice. Do not sign the non-compete. The non-compete would be invalid anyway since they already owe you the money. Your employer needs a better lawyer.
Contact the Mass Bar Association to see if there is a lawyer in your area who will take the ("wage and hour") case.

posted Mar 14, 2016 8:45 PM [EST]

Answer to If I got laid off from full time job but still work on call for different employer am I disqualified

In Masssachusetts you are eligible for partial benefits.
This situation has been handled before in MA
Board of Review Decision BR-111378 (May 21, 2010)

"On-call, part-time benefit year employment did not disqualify the claimant from receiving partial unemployment benefits. He was entitled to those benefits as a result of his full-time base period job, from which he was laid off."

Contact the DUA and file for benefits. 617-626-6400

posted Jan 28, 2016 3:17 PM [EST]

Answer to company is offering early voluntary retirenment for individuals with ten years or more and age 55 and older for senior mgrs at regional level and above-why are they using this criteria and is it legal.

This is legal because participation is entirely voluntary. I can't speculate why they are doing it, but it obviously has some cost-reduction advantage.

posted Dec 1, 2015 4:44 PM [EST]

Answer to I work as a medical livery driver in Massachusetts and work 60hrs a week at 14 dollars an hour but no overtime. Is this right? I did research and i am really not a independent contractor nor sub contractor because i am supervised after every stop and told

This can be very complicated. The simplest way to handle it is to file a complaint with the Attorney General, who enforces Wages law. They have a Fair Labor Hotline at 617-727-3465, and they can explain your rights and how to submit a complaint.

posted Nov 30, 2015 3:36 PM [EST]

Answer to I have a coworker going around saying I abuse and beat my girlfriend and now people act different towards me. Can I take legal action?

There is something you can do about it. This is called slander, and you can sue the person doing it. Of course, you need to have provable damages to yourself or your reputation, and it would help to have witnesses to testify. The person doing it has to purposely want to harm you. All of this makes it very hard to prove and succeed in a lawsuit. Your would want a "personal injury" type of lawyer. If the employer is doing this, the company may be liable, but that is rare.

posted Nov 18, 2015 3:12 PM [EST]

Answer to I singed a non complete but the employer forgot to fill in the top where it says in consideration. it is blank and does not say whom it is with or what the consideration is?

That non-compete is technically invalid. It is in your best interests not to report this to the employer. It's their obligation to execute it correctly, and if they don't, that's too bad for them. There is no benefit to you to correct it.

posted Nov 11, 2015 12:26 PM [EST]

Answer to Non-compete Agreement in MA

Absolutely. Although there have been attempts to change the law, non-competes are still legal in Massachusetts. You basically signed a new non-compete with your new employer. Non-competes are enforceable in Massachusetts. It might not be enforceable in California (only).

posted Oct 23, 2015 5:35 PM [EST]

Answer to Can an employee be required to use a personal check for general company bills?

No. As presented, this is outrageous and preposterous.

posted May 26, 2015 09:32 AM [EST]

Answer to I resigned. My boss refused to speak to me and froze me out of meetings for my final two weeks. On day 8 I finally went in and old her I was leaving She creamed swore pointed in my face and physically stopped me from leaving. do I have a case

You don't have an employment "case". There is a law against being held "prisoner" against your will, but I'm not sure you were harmed by it anyway. Not really worth pursuing.

posted Mar 27, 2015 7:43 PM [EST]

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