Category: Uncategorized

Getting Sued for a Non-Compete in Massachusetts

If you have ever signed an employment contract, there’s a good chance that it included a “non-compete” or “non-competition” clause. The purpose of a non-compete clause is to prevent you from taking another job in the same field as your…

Damages for Wrongful Termination under Massachusetts Law

What Is Wrongful Termination in Massachusetts? Generally, a termination is unlawful if it is (1) based on discrimination for being part of a “protected class,” or (2) in retaliation for “protected activity.” In Massachusetts, “protected class” includes race, color, religious…

Independent Contractor Misclassification: Delivery Drivers

I previously wrote about the general issue of the misclassification of employees as independent contractors. This is a hot topic these days in employment litigation in Massachusetts. In this article, I want to focus briefly on the Massachusetts independent contractor…

Wage Forfeiture and Valid Set-Offs in Massachusetts

Generally, any contractual provision that requires an employee to forfeit earned wages is a “special contract” prohibited by the Massachusetts Wage Act, M.G.L. c. 149, § 148. As the Attorney General has put it, “an employer may not enter into…