Answers Posted By Kate Fitzpatrick

Answer to Can my employer keep my wages after I quit?

In Massachusetts, an employer is required to pay timely all wages earned. You may file a complaint online with the Massachusetts attorney general's office or contact a private attorney.

posted Jul 8, 2019 10:34 AM [EST]

Answer to I was terminated after over 30 years of employement due to outsourcing and was not given a severance or anything related to info that should've been provided by OWBPA. Do I have any recourse?

You will need to get into much more detail with an employment lawyer about your circumstances in order to determine if you have any legal claims available to you. If so, it's possible those could serve as the basis for a severance agreement. Feel free to contact me through my website if you would like.
Best regards,
Kate Fitzpatrick

posted Mar 28, 2017 05:30 AM [EST]

Answer to Should I file a claim if I was verbally given a promotion and not paid retroactively 4 months later?

Were you actually doing the new job over those four months? When you were told you were getting a promotion, did it include a conversation of the new salary, the new responsibilities, and the timeline it would start? A lot of this turns on the facts of how this happened. It also turns on how much you are willing to risk with your current employer by raising this.

posted Dec 15, 2016 05:01 AM [EST]

Answer to i have a employee who will not give me my whole bonus cause i was out sick a couple days in month on fmla with chronic pancrease...now rule is have to keep a % of customer from leaving and take over 800 calls a month. i took over 1000 and keep % can he do

Bonuses are based on an employer's policies (usually written). I would have to look at the policies themselves to understand them and then to hear about what is going on in your situation.

posted Nov 15, 2016 07:16 AM [EST]

Answer to I am about to be laid off from a job where I have a 'guaranteed' annual salary (monthly salary varie

I think it's possible -- but I would need to look at a few documents and talk with you further to come to any conclusion. What I would need to look at are any representations regarding your pay (employment offer letter; employment contract; pay stub; employee handbook; employer correspondence relating to this; evidence of past practice around this pay-out) and talk through these things with you. Also, keep in mind, even if it turns out you're not entitled to it, there may be leverage to negotiate it anyway as part of your separation from employment.

posted Oct 30, 2016 06:28 AM [EST]

Answer to Is a job change legal when an employee is out on short term medical leave

Hello -- There are not enough facts in your question to assess whether you qualify for the protections of the Family Medical Leave Act. I wrote a blog post here re some of the requirements to qualify here: http://www.doorwaysemploymentlaw.com/single-post/2016/07/25/Work-stress-is-starting-to-affect-my-health-Is-there-anything-legally-I-can-do-about-it I post so that you understand a little bit about how the FMLA works.

If you are entitled to FMLA protection, it requires that the employee be restored to the same job or to an
"equivalent job." An equivalent job means a job that is virtually identical to the original job in terms of pay, benefits, and other
employment terms and conditions, such as shift and location. The following worksheet goes into some detail: https://www.dol.gov/whd/regs/compliance/whdfs28a.pdf />
Based on the information provided, I can't assess whether the job change you describe is an "equivalent" job for purposes of the FMLA (assuming the FLMA applies). In order to assess it, I would need a lot more detail about your job before and job after, as well as info around the size of the employer etc to determine FMLA qualifications.

posted Oct 18, 2016 04:45 AM [EST]

Answer to From part time to Per Diem(Elimination)

If your hours have been eliminated altogether, it's likely worth filing for unemployment and explaining this when you file your claim and/or appeal on this basis.

The failure to provide interpreters may be a failure to provide a reasonable accommodation under the Americans with Disabilities Act but I would need to know more.

Best wishes,
Kate Fitzpatrick
Doorways Employment Law

posted Sep 15, 2016 06:06 AM [EST]

Answer to In Massachusetts, are employees considered at will?

It's hard to answer this with the information you provided. It's unclear who had the head lice and who was discharged. And specifically what was the reason given for the discharge? If you'd like a free 15 minute phone consultation, please feel free to book something through my website.
Best regards,
Kate Fitzpatrick
http://www.doorwaysemploymentlaw.com/book-online

posted Jul 21, 2016 10:52 AM [EST]
Displaying answers 1 - 8 of 8