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
What rights, if any, do employees (non-union) have when they are laid off or fired from their jobs? First, Massachusetts law requires that the employer give the employee all wages owed. If the company lets the employee go, the employee must be paid on his or her last day, not during the next pay cycle. . . . → Read More: Rights of Laid Off and Fired Employees in Massachusetts
When employers present employees in Massachusetts with severance agreements, they are typically looking to accomplish certain goals, such as: (1) assisting the employee in transitioning to a new job, (2) having the employee waive certain legal claims such as the right to file a complaint for age discrimination; or (3) reinforcing agreements the employee previously . . . → Read More: Understanding Massachusetts Severance Agreements (Part II)
Here’s the question: Can a company fire an employee without notice? Is the employee entitled to severance pay or any additional type of pay upon termination? Is it legal to fire an employee without notice where the employer states that the employee is unreliable?
Here’s the answer: In Massachusetts, non-union employees without a contract are . . . → Read More: Can An Employee Be Terminated Without Notice in Massachusetts?
Attend any event for employees in transition in Massachusetts and you will find a great number of older workers. According to a recent article in the New York Times entitled: “Older Workers Without Jobs Face Longest Time Out of Work,” the typical length of time out of work for a worker between the ages of . . . → Read More: Top Ten Tips for Older Workers In Understanding Severance Agreements in Massachusetts
Termination of employment can be an enormously stressful situation for an employee. Given the typical emotional and financial fall out from a firing, it can be difficult to know how to handle the situation. Here are five things employees who are fired or laid off from their jobs in Massachusetts need to know.
. . . → Read More: Five Things Fired Employees Need to Know About Termination of Employment
A severance agreement is a contract. An employee waives claims in exchange for legal consideration above and beyond what he or she was entitled to receive as an employee (typically severance pay and other inducements) to sign the agreement. A common misunderstanding by employees relates to whether they are entitled to severance. Employees who are . . . → Read More: Understanding Massachusetts Severance Agreements
On Tuesday, January 25th at noon I will present on what you need to know about severance agreements at the Boston Society of Architects for the Admistration and HR Group. We’ll discuss when it is appropriate to use severance agreements, what terms are typically negotiated, and what needs to be in the agreement in order . . . → Read More: Upcoming Presentation on Severance Agreements
The Massachusetts Commission Against Discrimination in a decision dated December 22, 2010, found in favor of a white heavy equipment operator named Eric Grzych on his complaint that his Caucasian boss, Vincent Iuliano, racially harassed him on the basis of his association with his fiancee, a black woman of Jamaican national origin. Mr. Grzych complained . . . → Read More: Massachusetts Commission Against Discrimination Finds White Boss Liable for Racial Discrimination Against White Employee In “Associational Discrimination” Case