Employment Law

We provide legal representation for both Employers and Employees in all aspects of employment law. These services include discrimination disputes, contract resolution, contract development, harassment, wrongful termination, unemployment benefits, severance agreements, breach of contract, Americans with Disabilities Act, Family Medical Leave Act.



Frequently-Asked Questions



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How can I tell if I am the victim of age discrimination?

The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA's protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA.

The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and labor organizations, as well as to the federal government. ADEA protections include:

Benefits
The Older Workers Benefit Protection Act of 1990 (OWBPA) amended the ADEA to specifically prohibit employers from denying benefits to older employees. Congress recognized that the cost of providing certain benefits to older workers is greater than the cost of providing those same benefits to younger workers, and that those greater costs would create a disincentive to hire older workers. Therefore, in limited circumstances, an employer may be permitted to reduce benefits based on age, as long as the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers.

Waivers of ADEA Rights
An employer may ask an employee to waive his/her rights or claims under the ADEA either in the settlement of an ADEA administrative or court claim or in connection with an exit incentive program or other employment termination program. However, the ADEA, as amended by OWBPA, sets out specific minimum standards that must be met in order for a waiver to be considered knowing and voluntary and, therefore, valid. Among other requirements, a valid ADEA waiver must:

  • be in writing and be understandable;
  • specifically refer to ADEA rights or claims;
  • not waive rights or claims that may arise in the future;
  • be in exchange for valuable consideration;
  • advise the individual in writing to consult an attorney before signing the waiver; and
  • provide the individual at least 21 days to consider the agreement and at least seven days to revoke the agreement after signing it.


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Do I qualify for the Americans with Disabilities Act (ADA)?

Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA's nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules.

An individual with a disability is a person who:

  • Has a physical or mental impairment that substantially limits one or more major life activities;
  • Has a record of such an impairment; or
  • Is regarded as having such an impairment.
  • A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question.


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What accommodations must the employer make so as to be in compliance with the ADA?

Reasonable accommodation may include, but is not limited to:

  • Making existing facilities used by employees readily accessible to and usable by persons with disabilities.
  • Job restructuring, modifying work schedules, reassignment to a vacant position;
  • Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.

An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.

An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids.

Title I of the ADA also covers:

Medical Examinations and Inquiries
Employers may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job related and consistent with the employer's business needs.

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on disability or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADA.


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How is discrimination defined? What constitutes discrimination?

Under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), it is illegal to discriminate in any aspect of employment, including:

  • hiring and firing;
  • compensation, assignment, or classification of employees;
  • transfer, promotion, layoff, or recall;
  • job advertisements;
  • recruitment;
  • testing;
  • use of company facilities;
  • training and apprenticeship programs;
  • fringe benefits;
  • pay, retirement plans, and disability leave; or
  • other terms and conditions of employment

Discriminatory practices under these laws also include:

  • harassment on the basis of race, color, religion, sex, national origin, disability, or age;
  • retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices;
  • employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities; and
  • denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.

Employers are required to post notices to all employees advising them of their rights under the laws EEOC enforces and their right to be free from retaliation. Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading.


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What is the Family and Medical Leave Act? How can it apply to me?

The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that group health benefits be maintained during the leave.

The FMLA is designed to help employees balance their work and family responsibilities by taking reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers, and promotes equal employment opportunity for men and women.

The Family & Medical Leave Act:

  • Covers only certain employers;
  • Effects only those employees eligible for the protections of the law;
  • Involves entitlement to leave;
  • Maintains health benefits during leave;
  • Restores an employee's job after leave;
  • Sets requirements for notice and certification of the need for leave;
  • Protects employees who request or take leave; and
  • Includes certain employer record keeping requirements.


Areas of Practice

Harassment
It is illegal under federal and/or state laws to harass any employee on the basis of the following protected characteristics: Sex/gender, age 40 and over, sexual orientation, race, religion, color, national origin, ancestry, physical disability, mental disability, medical condition or genetic characteristic, martial status, pregnancy, childbirth and related medical conditions, family leave, status as domestic violence victim, medical leave, citizenship, and veteran/military status.

Discrimination
Congress and most states have passed laws that require equal employment opportunity (EEO) by prohibiting discrimination. Equal employment opportunity means giving people a chance to succeed. It’s a law that codifies the fundamental principle of fairness. Since the Civil Rights Act of 1964, new federal and/or state laws have been passed to afford protection under discrimination laws based on disability, medical leave, sexual orientation, and pregnancy.

Wrongful Termination
This area of law applies to terminations, constructive discharge, reductions in force and layoffs, as well as to demotions and denial of promotions.

Unemployment Benefits
Unemployment benefits provide temporary compensation to those workers meeting the eligibility requirements of Massachusetts law. The Massachusetts Division of Employment and Training and each other state's unemployment office administers its own unemployment insurance program within Federal guidelines. The value of unemployment benefits in Massachusetts differs from that of other states because each state unemployment office applies its own formulas and limits when calculating the level of unemployment compensation. The duration of unemployment benefits in Massachusetts may also differ from that of other states.

Severance Agreement
When an employer terminates an employee, it is often in the employer's interest to offer a terminated employee severance in exchange for the employee’s promise not to bring any legal claims against the company in the future. Because employment laws vary from state to state, an individual should consult with an attorney before signing a severance agreement and waiving their rights.


The information you obtain at this site is not, nor is it intended to be, legal advice.