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Michael A. Goldstein
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Michael Goldstein’s Answers

750 total


  • I got fired from my job by complying with a police investigation after I was advised by my manager to do so. Do I have a case?

    I was working for extended stay hotels when the police arrived and requested that I comply with a poluce investigation. They also requested a room in order to conduct their investigation which led to the arrest of several individuals. Before I act...

    Michael’s Answer

    You very well may have a claim for wrongful termination. However, many more facts are needed to conduct a full analysis of your matter. With that said, it is generally unlawful for an employer to terminate or retaliate in any way against an employee for doing what the law requires them to do. In this case, if you were ordered by the Police to do something and they had a legal right to order you to do so, that would certainly be a fact that helps you. I would strongly recommend you consult with an employment attorney on the North Shore right away, and ask if they offer free initial consultations.

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  • Can my elderly parents file bankruptcy to discharge state taxes or to establish a court assisted payment plan.

    This question is for my parents who are over the age of 65. My parents are immigrants (but US citizens) the had a family business for several years. During the 5 yrs of this new business they neglected to pay taxes, and was not aware of the reperc...

    Michael’s Answer

    Depending upon the specifics of your parents tax liability, there may be some options under the bankruptcy code. First, if the taxes are income based and not for unpaid sales tax, or 941 wage issues, then generally interest and penalties for taxes are considered unsecured debt and can be discharged in bankruptcy. If this is the case, then that may at least lower their tax liability. Second, if they have or can obtain a source of income, and possibly a family contribution, they may be able to resolve the principal in a Chapter 13, but would need pay all of the principal back over the course of 5 years, and be able to demonstrate a good-faith belief that they can make the plan payments based upon their income and proposed family contributions. Finally, if there are liens against them, those liens may be avoided in a Chapter 13 if they can show there is no equity to support the liens. With all of this said, it sounds as if they are facing a very difficult situation and need to speak to an experienced bankruptcy lawyer in Massachusetts right away.

    It should also be noted that there are non-bankruptcy options available to them such as offers to settle their tax obligation with both the state and federal government, and those options should also be explored.

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  • Is it legal to work for a company for 13 years and never get a raise?

    My boyfriend works for a small company that he's made the same amount of money an hour for 13 years and has never gotten any raises we live in mass and he does make more than minimum wage but is it legal to not get a raise ever!

    Michael’s Answer

    There is nothing in the law that requires an employee's salary to increase over time. If he is an employee at will he works for an agreed amount.

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  • Is there anything I can do to be compensated for being fired?

    I had a salary job in insurance with benefits and weekends off. I got a call from a company that begged to get me. I went in for an interview and thought it was ok. I declined their offer first but then they offered to match my salary so I was in...

    Michael’s Answer

    The courts of the Commonwealth recognize a theory of recovery based upon promissory estoppel or so-called detrimental reliance. The theory is available to an employee who reasonably relies to his detrimental upon a promise of the employer. In order to state a claim for promissory estoppel, a plaintiff must demonstrate: (1) a representation by the Company; (2) reliance by the plaintif; and (3) detriment to the plaintiff caused by his reliance.

    If you can demonstrate the promises made, even with an email or text chain, you may be able to recover. Your best bet would be to meet with an experienced employment lawyer in the area to discuss the facts in detail.

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  • Can a bank foreclose if the mortgage is constantly running 30 days late?.

    I can't make August pmt till September. Then I will be able to make one full pmt each month going forward but will not be able to make up that missed pmt for awhile.

    Michael’s Answer

    If you are a month late on your mortgage, you are technically in default and the lender could start the foreclosure process. However, there are significant legal fees they will incur and it is not likely they will move forward. You could always call the lender to discuss your financial hardship and see if they can give you a one month forebearance or work out a plan to get caught up.

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  • Arrest warrant from debt collector

    This involves private student loans. Last year, I received a from a collections agency. It was a blue form stating that they have a warrant for my arrest for failing to pay. I asked me to go to the courthouse to surrender, but I never received ...

    Michael’s Answer

    There is no law in either Massachusetts or under the Federal system that allows a creditor seek an arrest warrant for failure to pay a debt. However, if there was a supplemental proceeding or payment review and you did not attend, then the Magistrate could have issued an arrest warrant for contempt of court. With that said, I would check to see if a suit was ever actually filed in the Lynn District Court. You can go to http://www.masscourts.org/eservices/home.page.2 and search by court and you name to see if the Creditor is telling the truth. If not, their threat is a violation of the FDCPA and you could seek damages from them.

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  • Do Ineed an attorney for a company that owes me money and for having other employee to harass me?

    I work for a company called Bimbo's bakeries USA and it's an union. They own me money since December and I don't think they planning on giving me that money back. Also they allowed one of their employees for put their fist around my face and they...

    Michael’s Answer

    The Massachusetts Wage Act requires that an employee who earns wages including salary or commissions must be paid in full for all wages due and owing to her within 7 days they were earned, or immediately upon involuntary termination, G.L. c. 149, § 148. The courts of the Commonwealth have steadfastly held that the purpose of the Wage Act is the timely payment of wages. Therefore, late payment of wages already due and owing is not a defense to the original failure to pay the wages on a timely basis. Moreover, the failure to pay unpaid wages, as defined by G. L. c. 149 § 148, cannot be mitigated by gratuitous, after-the-fact payments, and that employees who have not received payment to which they are entitled may seek relief.

    With all of this said, if you have not been paid what you are owed, your company may be liable for up to 3 times your wages in addition to your attorneys fees, which the employer will need to pay for you. Many employment lawyers on the North Shore do this type of work on a pure contingency, so you should contact one of us right away for a free consultation.

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  • Terminated due to name being in paper. Are arrests for dui and domestic violence lighter than benig caught with a pill?drugadrug

    10 years unblemised service I was fired on the spot for having my name in the paper for being arrested no conviction, most likey wont be one. I dont think i violated any policy neither does my immediate supervisor. TheHR department decided to ...

    Michael’s Answer

    Theoretically, any of us could be arrested at any time and falsely accused of a crime. In the U.S., we are innocent until proven guilty. However, without having more information it is difficult to provide a full answer. However, if you are an employee at will, then you can be fired for any reason or no reason at all, unless it is in retaliation of a public policy issue. Additionally, if your employer has specific policies in place in a written contact that can give rise to additional rights you may have if a Union is involved. Your best bet is to contact a local experienced employment lawyer and discuss all of the facts, including any emails or letters you received from your employer upon your termination or regarding your alleged criminal conduct.

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  • What can I do about workplace bullying?

    My co workers have been bullying me since I started working. Whether it be excluding me from their click, spreading rumors, making fun of me, making up lies to my boss to get me in trouble, stares and whispers when I walk by or enter a room. Make ...

    Michael’s Answer

    I am sorry to hear that you have been subjected to this treatment by your co-workers. Your first step should be to file a complaint with your Human Resources Department. If after doing so, the HR department does not step in and try to facilitate a resolution, you may want to consult with an employment lawyer in the Worcester area. You can find many fine attorneys using the "Find a Lawyer" tool on Avvo.

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  • OUI Defense

    Stopped by police for marked lanes violation because of another motorists complaint..I was driving an 42 yr old muscle car with severe steering problems.. Informed officer of the issue. No breath test..completed 3 FST (not perfectly according to h...

    Michael’s Answer

    If you have already retained private counsel, you should rely upon the advice of your lawyer. They will know all the facts much better then anyone here on Avvo based upon a short one paragraph description of the facts.

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