What does MA law allow employers to say in a reference check?

Additional Information: I’m been unemployed for 6 months and have been applying for jobs and interviewing but have received no job offers.  Then I got to wondering what my former employer can say about me in a reference?  Does MA law restrict employers from only providing info like dates worked and title and job responsibilities?  Can my former employer say negative things about me that would keep me from getting another job? [Read more...]

Can I collect pay out of unused vacation time?

Additional Information: I’m coming up on my 5 year anniversary with a Worcester MA company.  I will be giving my 2 weeks notice around the time of my 5 year anniversary.  At the 5 year point we bump up to 4 weeks of vacation. Would I still be able to collect the pay out for the unused vacation time if my notice is in but my last day falls after the anniversary date? [Read more...]

I have just returned to work after maternity leave. What are my legal rights?

Additional Information: I have recently gone back to work after taking maternity leave. Before I went on leave, I created a new work schedule with my manager for when I returned, which included a day working from home every week. One week before I was to return to work, my manager emailed to say our VP did not approve the schedule and I needed to make a new one. Specifically, I could not work the day at home and needed to do all my hours in the office.

It is very common for staff to work from home at my organization, either as planned days home, unplanned (ex. sick days), bad weather days, etc, and this was why my manager and I included a day at home in my new schedule.

Now I am being told I can’t do this day at home each week, while other staff members continue to work from home, to the point where it is marked on their Outlook calendars. The underlying message is that I can’t do this because I have a baby, although no one has said that outright. Do I have any recourse here? I’m just looking for things to be equitable. [Read more...]

My job was eliminated. What are my rights?

Additional Information: Back in August, my position as an Inside Sales rep for a Framingham MA company was eliminated.  I was moved over to the marketing department. I was never given a new title and did not sign any paperwork. I was told that I would not be receiving commissions anymore but that my new salary would compensate for the loss in commissions. I do not have this in writing however. Fast forward to today: I still have not received a new title, although I am supporting all the of senior management. I am paid out of the marketing payroll. My salary is what my base salary was when I was doing inside sales. My workplace is using me I feel. I am doing things that are required of top paid executives, but I am making less than I was. What are my rights and can I collect unemployment if I quit due to these circumstances? (i.e. reduced pay) Thanks. [Read more...]

What are my legal risks for breaking my employment contract?

Additional Information:

I work in the IT department of a school in the Greater Boston area (Wakefield to be exact). As part of my terms of employment, I have to sign a contract yearly. Part of this contract states that I must give a whopping 90 days notice if I plan to terminate my position.

My question is, how realistic is it to expect to abide by this particular rule? Can they do anything to me if I just give normal 2 weeks notice? Even if they can, is it common that they will? I would like to search for a new job but having to give 90 days notice will likely ruin any prospective job. After all, who is going to wait that long?

Basically, I’m trying to get a reasonable analysis on the risks that I take by only giving 2 weeks notice. Vague question probably, and I apologize for that. [Read more...]

Can my current employer give a potential employer a bad reference about me?

ATTORNEY ANSWER:

The short answer to this question is yes, your employer can say whatever he or she likes about you and your work performance to a potential new employer who might call for a reference. As long as the information provided is true – and even, to a large degree, if it isn’t – the law won’t provide you any redress if the boss undermines your prospects for moving on. [Read more...]

Can my old boss sue me based on a confidentiality agreement?

Additional Information:

I recently left my job at an IT company to start my own business. My old boss says he will sue me if I open a business in Massachusetts because that would violate the confidentiality agreement in my old one year contract. I’ve read the old contract and I don’t see how that could be true. Any thoughts? [Read more...]