Answers Posted By Kevin McGann

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]

Answer to How long do I have to report retaliation from my previous employer?

First of all, call the Attorney General's offie, who regulates wage and hour disputes, and see if they cover people who in your position; you are not an employee whose wages were withheld.

Second, I hope you applied for Unemployment Insurance (UI), because you have a good chance of getting it.

Third, "retaliation" itself is not a crime or a claim. Its unlawful if done in conection with protected classes who report discrimination, so that alone is a weak case. Others may disagree.

Lastly, I am betting that this college deals with Federal or State funds. You should explore various "whistleblower" laws (fed, state)to see if they cover you, even though you didn't actually blow the whistle to an agency (but rather to the boss). I don't know enough about them to say. Try Paul Merry in Boston.

posted Nov 21, 2013 12:14 PM [EST]

Answer to Employer requires employee to be available by phone and in person during term of severance payments.

Most clauses like this insert "reasonably available". Yours sounds likely to be abusive.

Understand, nobody owes you a severance agreement. It is a private deal between you and the company: they give you money, and in return you agree not to sue them etc. You don't have to take it. You can add language of your own, too.

In this situation, it is up to you what kind of a deal you think you can bargain for. With these extra expectations they have, you can "charge" them for more money in severance or put a limit on time involved, so they don't abuse your help. After all, they must have discharged you because they didn't need you.

posted May 13, 2013 10:37 PM [EST]

Answer to NT

If I understand you correctly, you were trained to do the job a certain way, and you did it that way, mistrusting the advice of other people. I assume that the other people were NOT your superiors/managers. In Massachusetts, you have a good chance on appeal, and you should hurry up and appeal it. You did not violate any company policies or management instructions, and your manager said you were let go "because it wasn't working out", which is not a reason to deny you unemployment benefits.

posted Jun 21, 2012 7:56 PM [EST]

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