F Henry Ellis III’s Answers

F Henry Ellis III

Dedham Employment / Labor Attorney.

Contributor Level 6
  1. How do I get my previous employer to pay up?

    Answered over 4 years ago.

    1. Alan James Brinkmeier
    2. F Henry Ellis III
    3. Charles Shinkle Watson
    3 lawyer answers

    You may have a couple of options. You state you were an "independent contractor," but you may actually have been an "employee" for wage comliance purposes. If you can demonstrate that you should be classified as an employee, then your employer "friend" was likely required by your state's labor laws to have kept payroll and time records of your work hours and earned wages. In Massachusetts where I practice, an employer who fails to pay correct or timely wages must pay triple damages, plus...

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  2. Mcad and employer background checks

    Answered over 4 years ago.

    1. F Henry Ellis III
    1 lawyer answer

    A prospective employer may ask an applicant if he/she has been convicted of a felony within 5 years of the date of their application. Moreover, a prospective employer may, if qualified to do so, obtain Criminal Offender Record Information (CORI) regarding an applicant for employment. Employers in certain businesses (transportation, financial services, healthcare, and public education to name a few) are often required to research such information and may be required by law to deny employment...

  3. Can my Employer deduct wages from my pay and not pay me overtime?

    Answered over 4 years ago.

    1. F Henry Ellis III
    1 lawyer answer

    There are a number of "ifs" and "it depends" embedded in your question. It depends on which state you live in; every state has its own unique set of statutes, codes and regulations. What was the agreement that you signed during your first round with this employer? If it was a contract, then it very likely lapsed when you had to quit work. Unless you signed a new one when you were re-hired, the original one is not in effect. If you signed a confidentiality or non-compete agreement, they...

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  4. Can the first employer terminate my employment because I used my 2nd job's vacation time to go to the 2nd job?

    Answered over 4 years ago.

    1. F Henry Ellis III
    1 lawyer answer

    This is an interesting question. Technically, if you were an "at-will" employee, your employer can fire you for any reason, provided it does not do so for a unlawful reason, i.e discrimination, retaliation, etc. The tort of "wrongful termination" occurs when an employer fires an employee and the circumstances surrounding the termination are held to be in violation of an established public policy. Under federal law and many states' laws, a person whi has been fired for "whistleblowing," i.e....

  5. Can my past employer call my new employer to "advise" them that I quit without notice, and how "bad" of a worker I was?

    Answered over 4 years ago.

    1. F Henry Ellis III
    2. Joseph Scott Falls
    3 lawyer answers

    A former employer may say anything it wishes about a former employee, but certainly risks a defamation lawsuit if it makes statements that it knows to be false and which it reasonably should have known would cause damage to the former employee. It is for this reason that most employers are cautioned to respond to requests for references by only disclosing the former employee's job title and duties, dates of service, and in some cases, salary range. There is a fine line between a statement that...