Employee & Workplace Rights
Your rights as an employee are protected by federal and state laws. From hiring to firing, these laws provide protections in such areas as discrimination, health and safety, wage and hour, wrongful termination and privacy rights. If you believe that your rights have been violated or have questions concerning situations in your workplace, you should contact our office and speak to a member of our staff who will help you determine if you should come in for a comprehensive case evaluation.
We offer potential clients the opportunity to gain important legal information about their case through a case evaluation process. A case evaluation is an hour-long meeting where we discuss all aspects of your case including how Employment Law Associates may be able to assist you in protecting your rights as an employee or former employee. You should bring all relevant documents and a brief summary of your work and/or medical history with you.
Workplace Discrimination:
Discrimination in the workplace is illegal. Today's examples of workplace discrimination take a variety of forms. No longer do employers usually openly refuse to hire or terminate employees because of gender, race, religion, ethnicity, handicapped status, sexual orientation, or age. Today, most workplace discrimination often operates below the surface, and sometimes even goes unnoticed by those most negatively affected. If you believe that you are being treated adversely because of your gender, race, religion, color, ethnicity, national origin, handicapped status, sexual orientation, age, military status, or genetics, please contact our office immediately at 978-927-7002.
Wrongful Termination:
Although Massachusetts is an "at will" state in which an employer can generally terminate an employee for a good reason, bad reason or no reason at all, the state also offers significant protection to employees who are wrongfully terminated. Wrongful termination cases frequently involve employees who lose their jobs in violation of a clearly defined public policy. For example, employees who are fired in retaliation for "whistle blowing," or for asserting a legal right will often find protection under the law. You should understand that cases involving wrongful termination are highly individual and require careful analysis. If you believe that you have been wrongfully terminated, please contact us immediately so that we may discuss helping you.
Workplace Accommodations:
In Massachusetts, an employer has a duty to provide a reasonable accommodation to a qualified handicapped employee who has a need for a workplace accommodation so long as it does not impose an undue burden on the employer. However, there may be specific steps an employee should take before the employer must consider providing an employee an accommodation. It is crucial that you understand your rights concerning workplace accommodations. Employment Law Associates can work with you and your employer to help you continue working despite having a temporary or permanent disability.
Unemployment Compensation:
The most common and costly mistake individuals make is to assume that they will automatically qualify for unemployment compensation. In Massachusetts, the Division of Unemployment Assistance oversees unemployment benefits. Our office frequently handles unemployment issues such as assisting in applying for benefits, representing individuals in hearings or appealing an adverse decision. Unemployment benefits are valuable and provide a safety net while you look for other employment. It is always wise to contact us before applying for your unemployment benefits.
Employment Contracts and Non-Competition Agreements:
It has become increasingly common for employers to require new and existing employees to sign a non-competition or non-solicitation agreement as a condition of employment. You should know that the many of these contracts are enforceable, depending on the specific terms. Therefore, before you sign any contract such as: Non-Competition Agreement; Non-Solicitation; Non-Disclosure Agreement; Confidentiality Agreement; Waiver of Rights; Severance; or Separation Agreement, you should consult an employment attorney. Employment Law Associates can review your employment contract with you and provide you important advice.
Family Medical Leave Act (FMLA):
It is possible that during some part of your working career you will need to rely upon the Family Medical Leave Act, short-term disability or long-term disability. The FMLA allows employees to take up to twelve weeks of unpaid leave for serious medical problems. It can be taken for your own care or for the care of a close family member. You should know that most employers fully comply with FMLA requirements; however, some employers view employees who exercise their rights as a nuisance or as unproductive. Whether you are planning to use the FMLA, are currently on leave, or have suffered an adverse job action because of your use of the FMLA, we can assist you in asserting your rights to a medical leave as well as in obtaining a reasonable accommodation if necessary upon your return to the workplace.
Worker’s Compensation:
When an employee is injured at work he or she may be entitled to receive benefits under the Worker's Compensation Law. If you have been injured at work, you should consult with an experienced Worker's Compensation attorney to ensure that your employer's insurance provider properly handles your claim. Serious injuries can last a lifetime, so it is vital that you have an experienced attorney protecting your rights. We can refer you to competent counsel in the area should you have the need. Often, there is an over-lap between the worker’s compensation laws and the disability discrimination laws. If you have been injured at work, you may have employment rights beyond the worker’s compensation laws. Employment Law Associates can help you determine your rights.
100 Cummings Center
Suite 457J
Beverly MA 01915
Tel: 978-927-7002
Fax: 978-927-7004