For Employees

It is illegal in Massachusetts to discriminate or harass an employee on the basis of an employee’s age, race, sex, disability, religion, national origin, gender identity, sexual orientation, or veteran status. It is also illegal to retaliate against an employee for complaining about discrimination or harassment. If you believe that you have been discriminated, harassed or retaliated against at work, including a lost promotion, unequal or reduced pay, disciplinary action, termination, or any other material change in your work conditions, you should consider contacting legal counsel to determine whether a legal remedy is merited.

Although Massachusetts is an “at will” employment state, there are still various reasons why terminating an individual’s employment may be illegal. For example, an employee may have a contract that sets certain conditions on termination, such as “just cause” or a payment of severance. Courts have also identified circumstances when an individual’s termination from employment violates public policy, and is therefore illegal.

Employers cannot wrongfully withhold earned wages from an employee, or retaliate against an employee for complaining about unpaid wages. Wages include hourly pay, tips, salary, and earned commissions. In addition, employers are obligated to comply with the minimum wage and overtime laws, and to provide appropriate breaks as provided by law.

Various laws prohibit employers from taking adverse employment action (such as a demotion, salary decrease, or termination of employment) against employees who “blow the whistle” about certain types of misconduct. For instance, there are laws that protect employees of public companies, state and federal government employees, and health care workers. Mr. MacLean counsels individuals who are considering blowing the whistle on an employer, as well as individuals who believe they have been retaliated against after reporting wrongdoing.

There are several overlapping state and federal laws that impact employee rights during a leave of absence or sick leave. In Massachusetts, there are laws regarding parental leave, time off for jury duty, sick leave, disability accommodations that may require a leave of absence, and other “small necessity” leaves. These laws work in conjunction with federal law, including the Family Medical Leave Act (FMLA). Employees often need counsel and representation in order to ensure that these laws are being complied with.

Mr. MacLean advises individuals on written employment contracts and severance agreements. He can help individuals by ensuring their rights are protected. There are key provisions to an employment agreement, which may include compensation, performance expectations, grounds for termination, potential for severance, and post-employment restrictions such as non-competition and non-solicitation. In certain cases, Mr. MacLean can actively help to negotiate a written agreement. In others, he can assist via a confidential consultation.