SJC Makes Arbitration of Discrimination Lawsuits Tougher

August 14, 2009 By

In a surprising decision, Massachusetts’ highest court ruled in July that not all arbitration agreements are created equally and, consequently, only some of them are enforceable by employers. When it comes to suits under the state’s anti-discrimination law (Chapter 151B), the language in a workplace arbitration clause must be clear and unequivocal. Unless it demonstrates that an employee specifically bargained away the right to sue at the Commission Against Discrimination or in state court, the worker’s lawsuit for sexual harassment, age or race bias, failure to reasonably accommodate, or other discrimination issues may escape arbitration. That means employers will face the far more difficult and expensive task of defending themselves in front of a jury or at the MCAD or its federal counterpart, the Equal Employment Opportunity Commission (EEOC).

The message for employers is clear: review any and all arbitration agreements you entered with your employees and, if you still believe arbitration of discrimination claims is in the company’s best interest, make sure Chapter 151B is specifically referenced. For many employers, [Read more...]

Filed Under: Articles, Discrimination, Employee - Employment Law, Employer - Employment Law, Massachusetts Employment Law, Wrongful Termination

Massachusetts Employment Law: How To Let Your Workers Go

June 9, 2009 By

One thing Massachusetts employers must understand is that you are free to do as you see fit with your employees. You can let them go for any reason, at any time, with or without cause. An employer does not need to be concerned about lawsuits as long as they have covered these three basic areas:

  1. Be sure your employees do not have contracts.
  2. Make sure you don’t discriminate against your employees. You need to look at how a worker was treated and whether or not he or she has made prior claims of discrimination. If they have made claimes, be careful,  retaliation is a viable cause for action.
  3. Pay them all wages they have earned and all money owed to them immediately.

For more discussion about “How To Let Your Workers Go“, watch my video:

If you have questions about an employee or any issue regarding Massachusetts employment law, consult an qualified Massachusetts employment lawyer before you take action.

Boston employment lawyer, Attorney Jack Merrill provides legal services to employees and employers throughout the Boston metro and Worcester County region including Ashland, Dedham, Framingham, Franklin, Hopkinton, Maynard, Marlborough, Milford, Natick, Needham, Newton, Shrewsbury, Sudbury, Waltham, and Worcester, Massachusetts.

Filed Under: Employer - Employment Law, Employment Law Videos, Massachusetts Employment Law, Video on Employment Law, Wages and Commissions, Wrongful Termination

COBRA Law Benefits Expanded

March 26, 2009 By

It’s commonly known as the “Stimulus Bill,” and is officially called the American Recovery and Reinvestment Act of 2009. This is the huge federal bill passed in February at the urging of President Barack Obama. While the overall idea was to stimulate the American economy, included in the bill’s details are unexpected benefits like the one that laid off employees will enjoy under COBRA. As most know, this federal law guarantees continued health care coverage for workers who lose their jobs, regardless of the reason. Under the Stimulus Bill, employers now must cover 65% of the COBRA premium for employees fired – or laid off, if that term is preferred, the distinction being meaningless in this context – between September 1, 2008 and December 31, 2009. This percentage must be paid for up to nine months, but applies only to periods of time between [Read more...]

Filed Under: Articles, COBRA, Employee - Employment Law, Employer - Employment Law, Massachusetts Employment Law