HR professionals or other hiring managers need to have best practices in order comply with employment laws, one of the most complex legal areas. The dilemma is that poor decisions may impact a company for years to come. Decisions that violate, or appear to violate, employment laws could lead to untold legal costs and/or liabilities. […]
Read more...Author: Larry Morse
USERRA – Protecting our Protectors
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is designed to help protect U.S. military personnel from discrimination that they may face in returning to their jobs. The law ensures that they: are not disadvantaged in their workplaces because of their service; are quickly reemployed and restored to their former jobs on […]
Read more...Do you have an employment contract in Massachusetts?
Defining a contract is easier than determining if circumstances constitute proof of one. A contract is an agreement made voluntarily by two or more parties intending to create a legal obligation(s) and paying consideration. They are often in writing, though many are oral. In deciding that there was no contract defining the right to a bonus […]
Read more...The Strange Laws of Massachusetts from Witches to Dueling
Massachusetts is home to some strange laws, perhaps due to a Puritan past. While no one enforces them any more, for fun, I thought that we would look at some. Spitting G.L. c.270 section 14 says that spitting on a sidewalk is an offense worthy of a $20 fine. Breaking and Entering and Poultry G.L. c.266 […]
Read more...Wrongful termination: are you a victim?
If you believe you are the victim of wrongful termination (discrimination, whistleblower, retaliation, breach of contract, etc.), there are certain steps you should consider taking immediately. The following is general information and you should not rely on it for your individual circumstances; CONSULT OUR OFFICE IF YOU THINK YOU HAVE A CASE BECAUSE DETAILS MATTER […]
Read more...The Corporate Shield: Asset Protections Part I
This is the first part about For Profit Companies and with a second about Not For Profit Corporations focused on avoidance of claims reaching personal or other entities’ assets. Business owners who are incorporated or LLCs or considering those protections need to know the rules. So do individuals who are Officers, Directors, or Volunteers of […]
Read more...Don’t Let the Cat’s Paw Claw You!
Sometimes employers suspect that an otherwise valuable manager has given biased advice in recommending firing an employee. In the case when you, your HR department, or a supervisor thinks that trouble lies ahead in taking that advice, they must consider the Cat’s Paw Legal Doctrine. Based on a fable about a monkey getting a cat […]
Read more...Hot New Topic – CORI Reforms
While some prepared for Cinco de Mayo celebrations the following day, Friday, May 4, 2012 was a different event in Massachusetts. The CORI (Criminal Offender Record Information) reforms set up two years ago then went fully into effect. Unfortunately, employers, most likely smaller ones without HR may not want to celebrate if they get caught […]
Read more...Morse’s Musings
Hello Everyone! I started this blog to inform clients, employers and employees, business owners as well as the public about current legal issues infused with my own insights. I will be dealing mostly with Massachusetts law, as that is the state where I practice, however, you will see articles and other postings where I refer […]
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