Davis & Davis Is on Your Side
Boston Employment Attorneys
Representing Massachusetts Employees & Employers
At Davis & Davis, P.C., our Boston employment law attorneys provide representation for employers and employees throughout Boston and Middlesex, Essex, and Suffolk counties. We have represented a wide variety of clients in the business world, from low-wage laborers to senior executives who have brought claims against small defendants and Fortune 500 companies.
Regardless of the size of the corporate defendant, our Massachusetts employment lawyers level the playing field and aggressively use their resources and know-how to pursue a claim from its beginning through its fruition. Regardless of your earnings or industry, we are dedicated to protecting employee rights.
Our lawyers have years of experience and will use all our resources to successfully resolve your case. Call (978) 228-2262 or contact us online to schedule a consultation with an employment attorney in Boston.
What Is Employment Law?
Employment law governs how employers and employees can work together. The term refers to a wide range of state and federal laws that cover everything from applications and interviews to paid and unpaid leave and terminating employment. Overall, employment laws are designed to protect employees from discrimination, unsafe working conditions, financial exploitation, and other problems that may arise in the workplace.
With employment laws and an experienced employment attorney, workers can protect their rights and even out the power imbalance that often exists between employers and their employees.
What Are the Most Common Employment Law Claims in Massachusetts?
Unfortunately, discrimination and harassment claims are two of the most common employment law claims we see at our firm. Employers may treat people unfavorably because of their:
Employers may also use their authority to demand sexual favors, or create a hostile workplace for people who do not conform to unfair expectations.
Otherwise, we see many disputes about:
- Minimum wage
- Unpaid wages
When employers do not pay their employees fairly, our attorneys step in.
We also handle problems involving the Family and Medical Leave Act (FMLA), wrongful termination, workplace safety, and employment contracts.
Please note that you always have the right to speak up about problems at work. If your employer demotes or fires you for voicing your concerns, you can sue them for retaliation. The Boston employment law attorneys at Davis & Davis, P.C. can help.
Experienced Employment Law Attorneys in Boston, MA
Davis & Davis, P.C. is comprised of seasoned legal counsel and trained support staff. Our employment law team has presented in countless employment law and civil rights seminars, including guest lectures at the prestigious New England School of Law.
These seminars are designed to teach other lawyers, HR personnel, and community leaders on a variety of employment law matters happening in Boston, such as:
- Sexual harassment in the workplace
- Discrimination claims
- Noncompete agreements
- Wage and hour disputes
- Contract and severance package matters
- Tort claims in employment law
- How to manage a successful employment law firm
What Are My Rights as an Employee in Boston?
If you work in Massachusetts, you have the right to fair wages, a safe workplace, a workplace that is free of discrimination and harassment, paid family and medical leave, and workers’ compensation.
Visit the Commonwealth of Massachusetts website to learn more.
Labor Law Compliance Is Not Always Intuitive for Employers
Our Boston employment lawyers primarily represent employees, but we also have a strong growing base of corporate clients. We will interview small to mid-size corporations that need assistance complying with the myriad employment laws and will help resolve employment-related claims by employees.
Our lawyers make effective communication a necessity in fostering a good work environment and uniform goals. This is the cornerstone of all of our attorney-corporate client relationships. While our goal is to keep our corporate clients out of the courtroom, if litigation is unavoidable, we will provide zealous representation in the courtroom.
Employer Rights in Massachusetts
In Massachusetts, employers have many rights and responsibilities. As long as you maintain a safe, conscientious workplace that abides by all applicable employment laws, you have the right to demand hard work and quality and protect your business.
Massachusetts is an at-will employment state, which means you and your employees can end your employment relationship at any time for any reason (that isn’t discriminatory or retaliatory) with or without notice. Nevertheless, union employees are held to different standards and employment contracts override the state’s at-will provisions.
If you have any questions about how to best protect your business, do not hesitate to contact our Boston employment lawyers.
Call (978) 228-2262 to request a consultation with a Boston employment lawyer at Davis & Davis, P.C.
How Do I Know if I Am an Employee or an Independent Contractor?A:
Job titles are often misleading. It is important to look at the work being performed. Some companies (intentionally or unintentionally) misclassify workers as independent contractors when in reality these workers are employees of the company. As a result, these workers are not entitled to the same benefits as employees and have to pay the ‘self-employment tax’ of 7.65 percent because the company is not making contributions, (i.e., FICA, FUDA). While the federal law uses a test called the ’20 factor test’, Massachusetts uses a much more stringent test that is set forth in the statute. Massachusetts companies should be cautious about identifying workers as independent contractors who have an ongoing relationship with the company.
Are Non-Compete Agreements Enforceable in Massachusetts?A:
A Massachusetts court will enforce a non-compete agreement only if it is necessary to protect trade secrets or goodwill. The agreement must also be reasonable in scope (i.e., time and geography) and if it furthers the public interest. Massachusetts companies cannot use these agreements to restrict general competition. Employees have numerous defenses to assert which can invalidate the non-compete obligations. These defenses are particular to each situation, so employees are advised to consult with an attorney prior to signing a non-compete or non-solicitation agreement and prior to taking steps that might violate one that is already in place
If There Is a Progressive Discipline Policy in My Handbook, Does the Company Have to Comply With It?A:
Probably not. Most employee handbooks explicitly and clearly communicate that the handbook does not grant any contractual rights or protections to the employees. In fact, the handbook probably starts off with a disclaimer that explains that employees are ‘at will’ employees, which means that they can be fired with or without cause or notice. Some companies that use outdated or poorly drafted handbooks sometimes unintentionally open the door to claims. Business owners take note – it is better to have no handbook than a poorly drafted handbook.