Robert M Fortgang's Answers

Possible wrongful termination or other questionable issue?

Assuming that Company #1 did not lie or defame you to Company #3 during its communications with same, there is nothing you can do. I am curious. How did you learn what Company #1 said to Company #3? You state, however, that you did complete the training and that the Training staff did see "issues" during your training. All of this leads me to believe that no law has been broken here with respect to your dismissal. Of course, if the communications between Company #1 and #3 were false or...

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Does an employer in ma have to provide a drinkible water sourse

Based upon these facts, a complaint filed with OSHA is likely your best course of action. OSHA provides discrimination protection for employees who exercise a variety of rights guaranteed under the Act, such as filing a safety and health complaint with OSHA and participating in an inspection. There even exists a specific section entitled - Safe Drinking Water Act that provides discrimination protection for employeees who report violations of the Act, which requires that all drinking water...

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What are the affirmative defenses in Mass.?

Rule 8 - General Rules of Pleading - Affirmative Defenses. (1) In General. In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including: • accord and satisfaction; • arbitration and award; • assumption of risk; • contributory negligence; • duress; • estoppel; • failure of consideration; • fraud; • illegality; • injury by fellow servant; • laches; • license; • payment; • release; • res judicata; • statute of frauds; • statute...

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How long can my employer classify me as 'temporary'?

A "temporary" employee is one employed for a limited and specific period of time. This can be as little as a day—or as long as several years. The distinction between "temporary" and "regular" employees is that the tempo¬rary worker is employed for a specific period rather than for the normal, indefinite period. A typical use of temporary employees is the employment of students during the summer months. There is no federal or state law or regulation that universally defines temporary employment....

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Is it illegal to be told you are being hired as a part-time worker when you are actually being hired as a temp?

I agree with Attorney Harrington's counsel, but would add that while the following suggestion will not address your wife's current concern, it would go a long way toward ensuring that this type of miscommunication never repeats itself. Upon receipt of a verbal offer of employment, I would counsel her to accept in a writing, setting forth each and every detail of what she was told with respect to pay and benefits. At the conclusion of such a letter, add a "hook" ...along the following lines: "...

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Is it legal for my company to fire or discontinue my employment since son has been diagnosed with a medical illness?

The answer to your question is that both you and your employer have certain rights here. The employer has defined the “essential” functions of your job. You state and agree that “my job primarily involves traveling to customer sites”. If such is the case it would thus appear that the manner in which you framed your question is a bit misleading in that your employer has simply requested that you resume this essential job function or seek other work either within or without the company. If I...

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Do you think domestic charges would make a hospital withdraw the employment offer they made to me?

The short answer is that I need additional information from you about the nature of the position you were offered. With respect to "arrests" there is considerable confusion about employer inquiries into an employee or applicant’s criminal records. The basic (but oversimplified) rule is that employers may ask about convictions, but may not ask about arrests that did not result in conviction. There is no law that specifically prohibits inquiries into arrest records, but many courts (and EEOC...

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Temp to perm employment question

What you have described occurs with great frequency with rspect to "temp-to-hire" employment situations. When such employment works out ...it's great for the employee and the employer. The problem is that no matter the genuine intentions of the employer with respect to hiring your wife into a full time position, the fact remains that the reason for utilizing "temps" in the first place is the ease with which an employer may staff for peak production and/or staff shortage periods. It would...

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Can your boss lay you off for asking about your pay?

Absent an employment contract or a collective bargaining agreement, the Commonwealth follows the "at will" employment doctrine. Translation: your employer can legally separate you from it employ with or without notice, and/or with or without reason. Similarly, you retain the same right to leave anytime you determine a need to do so. Although you have directly tied your employment termination to asking a question about your pay, perhaps if you could provide additional information about what...

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Was fired from my job because of a policy i learned 2 weeks prior is that okay

You have not provided enough information in your recitiation of the facts. Did you, in fact, give drink refills in violation of Starbucks policy? If so, the fact that this may have been a newly instituted policy does not excuse your non-compliance. If this is what occurred, it would seem that the employers' decision to terminate your employment, while perhaps harsh, is not illegal. Turning next to that part of your question about the lower paid employees being retained in Starbuck's employ -...

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