Additional Information:

I am a small business owner in Framingham, MA and suspect one of my employees is stealing from me.  What do I need to do?  Contact an attorney?  the police?  Can I install a video surveillance without notifying the employees?

ATTORNEY ANSWER:

It’s probably unwise to install video cameras without telling your workers, though you may be permitted to do so as long as you do not invade privacy. Apart from the practicalities involved and the potential legal implications, why would you want to spend the substantial money required to videotape all of your workers just to catch the wrongdoing of one of them? This may both cost you money and, perhaps more importantly, lead to unhappiness among your other employees. The last thing you want here is to shift focus from the wrongdoing of one worker — whom you may or may not nab stealing though a new video camera — to you as an employer. No one likes to be secretly videotaped, a form of spying. Installing cameras openly, however, may be a different matter. This often deters theft or other wrongdoing by employees. [Read more...]

Additional Information:

As an employer at a Ashland, MA company what kind of information can I ask a job candidate’s prior employers?  Isn’t the onus on the prior employer(s) to say or not say certain things?  Is there anything definitely off limits?

ATTORNEY ANSWER:

In terms of job references, there are few limits to worry about. You may ask pretty much any questions you want and think are important, with obvious exceptions for subjects that may touch upon an applicant’s race, gender, religion, etc. You are correct that a former employer faces more risk in the job reference process than a prospective new employer. He/she needs to be careful to provide only accurate factual information. In addition, and though former employers are legally free to offer opinions about their employees, they are normally careful to avoid derogatory remarks. That’s because making negative comments can lead to allegations of defamation, something every company wants to avoid, regardless of the merits of such a claim. [Read more...]

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I am an executive with a small local bank. One of the associates claimed I was drunk at a recent branch visit.   My peers and direct reports all heard this false accusation.  Futhermore, I feel my reputation is being tarnished in our small community, Wellesley.  To document my adamant denial, I sent an email to my boss to state that I don’t drink and certainly wasn’t drunk at said branch visit.   He replied that HR is going to “investigate the matter.”  I’d like the associate to be disciplined for trying to damage my reputation.   What are my rights? [Read more...]

Additional information: My company has an employee who’s been complaining about some back pain for quite a while now. He’s gone to various doctors and saw a neurologist recently. This doctor sent him for tests and told the employee he’s got a disc problem that is connected to arthritis in his back. Doctors have been treating his condition with physical therapy up until now, but the neurologist doesn’t think this will help. He advised the employee he’s best off getting surgery to fix his back and told him he should not be doing the sort of heavy physical work we do here. I’m wondering what to do. Am I required to hold open his job and, if so, for how long? From the sounds of thing, he may not ever be able to come back to his job.  [Read more...]

Additional  Information: The owner at my place of employment in Southboro is wage discriminating.  As a white male he pays Hispanics/blacks/females significantly less on average and in similar positions than white males. In a lot of cases the job levels/titles are identical and a Hispanic male will get paid 25% less than a white male. Same goes for females. Could the minorities work together with an employment attorney to file a complaint or would each individual have to file separately? [Read more...]

Additional  Information: I work for a company in Ashland, MA that has over 50 employees and was recently fired for failing a drug test. There were several  of us that were randomly tested, but I was the only one fired. I know without a doubt that at least 2 of the others failed their test too.  Isn’t this discrimination and what can I do? [Read more...]