Below are some frequently asked questions (FAQs) about severance agreements in Massachusetts and responses to those questions:
1. What is a severance agreement? A severance agreement is a contract between an employer and a current or former employee that typically exchanges a release of claims from the employee for certain pay and/or benefits from the . . . → Read More: Massachusetts Severance Agreement FAQs
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 . . . → Read More: Upcoming Seminar on the Independent Contractor Law
Many companies and individual workers in Massachusetts are still clinging to certain myths about classifying workers as independent contractors. Here are the top six often held, but misguided beliefs:
I signed a contract that says I am an independent contractor, so I must be one, right? (Actually, employers cannot avoid the obligation to properly classify . . . → Read More: Top Six Myths About Independent Contractors in Massachusetts
Massachusetts restricts employers from classifying workers as independent contractors unless the employer can show (1) that the individual is free from direction and control, (2) the service is performed outside of the usual course of the company’s business and (3) the individual is engaged in an independently established trade, occupation, profession or business of the . . . → Read More: Massachusetts Independent Contractor Law and Damages
An employee who is also a minority shareholder in a Massachusetts closely held corporation has significantly greater rights than an employee at will. What is a “closely held corporation?” A closely held corporation is one that (1) has few stockholders, (2) no ready market for the stock and (3) the majority stockholder is substantially involved . . . → Read More: Rights of Minority Shareholder/Employees in Close Corporations
Employees who work on a commission basis often question whether they are entitled to receive commissions upon the termination of their employment. Massachusetts law provides that an employee who is terminated from employment involuntarily must be paid in full on the day of his or her discharge. These wages would include earned base salary, accrued . . . → Read More: Commissions As Wages For Terminated Employees
Company executives transitioning out of positions differ from most employees because they are more likely to have employment contracts and to have executed documents restricting future employment. In addition, financial considerations for executives may include future performance bonuses and stock options that have not yet vested.
Although every situation is different, here are five of . . . → Read More: Five Steps for Executives in Transition
Severance agreements are usually drafted with the employer in mind. While the agreement may give some weeks or even months of severance pay to the employee, the exchange may or may not be fair. If the agreement hasn’t been negotiated, there is a good chance that it has been written by the company’s attorney to . . . → Read More: Severance Agreements and Collecting Unemployment Benefits
Signed severance agreements in Massachusetts are contracts that outline the rights and responsibilities of the company and the employee. Typically severance agreements are drafted by the company to protect its interests. Despite the fact that the severance agreement may be one-sided, employees often just sign the agreement without fully understanding it.
It is important that . . . → Read More: Negotiating Massachusetts Severance Agreements
Home care workers who take care of the elderly, house bound and infirm in Massachusetts are protected by state laws on minimum wage, overtime and meal breaks. Home care workers in New York State just resolved a class action lawsuit, claiming that they weren’t paid overtime and worked “off the clock.” You can read about . . . → Read More: Rights of Home Care Workers in Massachusetts