One area of law that has a lot of catching up to do is that of the employee’s rights when the employer terminates her for wholly unfair reasons. Such employer actions are often devastating to the well qualified, hardworking and productive employee who otherwise holds a reasonable expectation that, despite her “at will” status, she would not suffer the trauma and disruption of becoming unemployed for reasons wholly beyond her control. I have found a common misconception in clients that the employer needs a reason, of at least minimal validity,...

Massachusetts has enacted a new sick time law and regulations effective July 1, 2015. The new law, Mass.G.L. c. 149, §148C, allows all employees in Massachusetts to earn sick time. Significantly, the law includes full-time, part-time, temporary and seasonal employees. Regulations further describing the requirements of the new law have been issued by the Massachusetts Attorney General. 940 CMR 33.00 et seq. If an employer has 11 or more employees, the sick time must be paid. For employers with 10 or fewer employees, the sick time may be...

We often receive calls from employees who feel they have been discriminated against or harassed at work.  In many cases, they believe they have been the victim of unfair treatment by a manager.  Sometimes, they assert that they have been treated differently than other employees. Most employees who are not members of unions are “at-will.”  This means that the employee can quit his job whenever he wants, and that the employer can terminate the employee’s job whenever it wants.  Employees in union shops are usually governed by...