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Robert M Fortgang
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Robert Fortgang’s Answers

481 total


  • What to do if you were secretly recorded in MA?

    I think a collegue recorded a conversation we had at work. He had both his laptop & cell phone. I didn't think much of it at the time, but now I am concerned that he recorded us. What can or do I need to do?

    Robert’s Answer

    I agee with Attorneys Lebensbaum and Lassen but would add that a five years ago (12/8/2011, Attorney Philip Mason provided an excellent answer to this very same question. Clearly, those of us who practice employment law and whom answer questions posted here on AVVO are an excellent place for you to start your search for local counsel. The bottom line here from my perspective is that it's always wise to invest some time in an effort to become an "informed" consumer of legal service. Good luck and best regards, Rob Fortgang - Employment Law Attorneys serving Massachusetts & Connecticut / 800-932-6457 / 413-658-8500 / 774-329-3412 rob@fortgangemploymentlaw.com

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  • Can seasonal contracts with the state of Massachusetts ignore veterans preference law?

    I was interviewed by a board of three for a seasonal video production contract with the Department of Conservation and recreation. I identified myself as a disabled veteran and requested preference. I provided proper documentation to the board. I ...

    Robert’s Answer

    I read your questions and see that no has yet attempted to answer it. I believe the information you received is incorect. Having said as much, I also think this is a questions best presented to:
    Massachusetts Department of Veterans’ Services
    600 Washington Street, Suite 1100
    Boston, MA 02111
    (617) 210-5480
    www.mass.gov/veterans
    Email: mdvs@vet.state.ma.us

    Good luck and best regards, Rob Fortgang - Employment Law Attorneys serving Massachusetts & Connecticut / 800-932-6457 / 413-658-8500 / 774-329-3412 rob@fortgangemploymentlaw.com

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  • Can an employee be demoted for an issue that was agreed on already. and actually closed.

    Last year a Board member was found responsible for writing a couple of checks. he took responsibility for it. no charges were filed but an agreement was made by the Board and the individual to pay the monies back. Now the New Board wants to bring ...

    Robert’s Answer

    I agree with Attorney Slack and would add that it would be in your best interest to try to obtain at least 2 “no charge” “no obligation” consults with a MA employment attorneys. Those of us who practice employment law and whom answer questions posted here on AVVO are an excellent place for you to start your search for local counsel. Good luck and best regards, Rob Fortgang - Employment Law Attorneys serving Massachusetts & Connecticut / 800-932-6457 / 413-658-8500 / 774-329-3412 rob@fortgangemploymentlaw.com

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  • Do I have grounds for a discrimination and/or workplace ethics lawsuit?

    I work for a company that has multiple call centers. It has been discovered that the staff in one location openly makes daily wagers on who in my office will be late, call out, or leave early. I myself am disabled and must frequently miss portions...

    Robert’s Answer

    I agree in large part with Attorneys Baird and Mullen and would add that your employer has an affirmative obligation to provide a workplace free from harassment. From what you report, I am unable to determine if you have informed your management of this unauthorized workplace wagering and/or its impact on you as a disabled worker. If you have not brought this to your employer’s attention you should seriously consider doing so. As well, it would be in your best interest to try to obtain at least 2 “no charge” “no obligation” consults with Connecticut-based employment attorneys. Those of us who practice employment law and whom answer questions posted here on AVVO are an excellent place for you to start your search for local counsel. The bottom line here from my perspective is that it's always wise to invest some time in an effort to become an "informed" consumer of legal service. Good luck and best regards, Rob Fortgang - Employment Law Attorneys / 800-932-6457 / rob@fortgangemploymentlaw.com / We can Help.

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  • What can be done when a direct manager practices "character assassination" and destroys an employees career and opportunities?

    Prefer not to add details at this time.

    Robert’s Answer

    I agree with Attorneys Whewell and McLeod and add that it would be in your best interest to try to obtain at least 2 “no charge” “no obligation” consults with Connecticut-based employment attorneys. Those of us who practice employment law and whom answer questions posted here on AVVO are an excellent place for you to start your search for local counsel. The bottom line here from my perspective is that it's always wise to invest some time in an effort to become an "informed" consumer of legal service. Good luck and best regards, Rob Fortgang - Employment Law Attorneys / 800-932-6457 / rob@fortgangemploymentlaw.com / We can Help.

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  • If an employee is not ringing a retail transaction and takes the money, would I be able to terminate his job?

    I have video evidence

    Robert’s Answer

    I agree with Attorney Whewell and would add that inasmuch as you have video evidence of the "theft" ...at such time as this now former employee may file for unemployment compensation benefits, that video is your evidence that the separation of this employee is for wilful misconduct, a disqualifying event under Connecticut U.C. regulations. Having said as much, the bottom line from my perspective is that it's always wise to invest time in an effort to learn your rights so that you may become an "informed" consumer of legal service. Good luck and best regards, Rob Fortgang - Employment Law Attorneys serving Connecticut and Massachusetts / 800-932-6457 / 860-658-1055 / 413-658-8500 / rob@fortgangemploymentlaw.com

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  • Can my employer dictate how I travel to a conference? Can they "write up" me if I choose my own mode of transportation?

    The conference in another city (within 30 mins without traffic, 2hours with, total of about 25 miles) began before the normal work day (7:45 registration, my normal day begins at 9am). I was asked to take a company vehicle, but chose not to due t...

    Robert’s Answer

    In my view the "quick" answer to both of your questions is "yes". Having said as much, you have likely left out some important details. At such time as your employer hands you a "write up" and asks you to sign and date same, my suggestion is that you acknowledge receipt as requested. Stated another way - sign the warning ...but place below your signature a brief statement that you intend to submit a rebuttal as you believe that there exists mitigating circumstances. . Having said as much, the bottom line from my perspective is that it's always wise to invest time in an effort to learn your rights so that you may become an "informed" consumer of legal service. Good luck and best regards, Rob Fortgang - Employment Law Attorneys serving Connecticut and Massachusetts / 800-932-6457 / 860-658-1055 / 413-658-8500 / rob@fortgangemploymentlaw.com

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  • Is there any way I can get my money

    I put in manual labor working for my uncle, I became frustrated after I wasn't paid and he still refuses to pay me, he owns his own business so what can I do to get my money?

    Robert’s Answer

    I don't disagree with attorney Coleman, but I would add that suing your uncle ... even where as here he may deserve to be
    sued ... You would do well to think long and hard about suing a relative. Employers will come and go, but the same is not true of relatives. I suggest you try writing a letter outlining the work that you did and the disappointment of your uncle refusing to pay you for your work. Good luck and best regards, Rob Fortgang, employment law attorneys

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  • If our company is under 50 employees what FMLA or leave rights to I have?

    I work in MA live in CT

    Robert’s Answer

    While I do not disagree with Attorney Baker, I do note that she is a California based employment lawyer. As an employment lawyer practicing in Massachusetts as well as Connecticut, I note that while the Commonwealth does not have a comprehensive family and medical leave law, Massachusetts does have leave laws for birth, adoption, and placement, as well as a paid sick leave law, and the Small Necessities Act, which grants a small amount of leave for certain family-related activities. All that to say ...the bottom line from my perspective is that it's always wise to invest time in an effort to learn your rights so that you may become an "informed" consumer of legal service. Good luck and best regards, Rob Fortgang - Employment Law Attorneys serving Massachusetts and Connecticut / 800-932-6457 / 860-658-1055 / 413-658-8500 / 774-329-3412 - rob@fortgangemploymentlaw.com

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  • If I sign a severance agreement does it limit my right to a wage claim for sales commission?

    My employer has given me a severance package and I have to sign within 30 days. There is an attachment that shows a lump sum for my salary X a number of weeks that I will be paid. There is a section that says sales commission will be paid on t...

    Robert’s Answer

    In order to properly review your situation, at a minimum, a copy of the severance agreement and whatever written work rules you may have received would be a good start. As well, under CT law you have a right to receive a copy of your entire personnel file. Attorneys Baker, Zelizer and Brown - all out-of-state attorneys have each provided you with their opinions. If you wish to obtain an opinion from lawyers licensed to practice here in Connecticut, you have come to the correct forum as thre is none better than AVVO. Having said as much, the bottom line from my perspective is that it's always wise to invest time in an effort to learn your rights so that you may become an "informed" consumer of legal service. Good luck and best regards, Rob Fortgang - Employment Law Attorneys serving Connecticut and Massachusetts / 800-932-6457 / 860-658-1055 / 413-658-8500 / rob@fortgangemploymentlaw.com

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