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Judith A Miller

Judith Miller’s Answers

67 total


  • What can I do about refusal to pay me for babysitting services ?

    Judith’s Answer

    You can file a claim with the Massachusetts Attorney General’s office https://www.mass.gov/wage-and-hour-laws They will contact the employer and try to get you paid.

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  • What steps need be to taken to void or nullify a non compete clause in a (terminated) employment agreement in MA?

    Judith’s Answer

    Whether a non-compete agreement is enforceable depends on a lot of factors, including when it was signed and the specific language of the agreement. You may be able to claim that by failing to pay your wages they breached the employment agreement so the non-compete is not enforceable. In addition, your wage claims may be worth more than the release from the non-compete. I would consult with a lawyer before you decide to settle with them.

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  • How does a full day work pay get determined?

    Judith’s Answer

    The answer here depends on whether you were actually an employee or an independent contractor. Factors such as whether the employer set the hours you had to be there, whether they supervised your work and supplied you with tools and equipment and whether you were providing them with work or a finished product are considered in determining whether you were an employee or an independent contractor. If you were an employee, then you would have a claim against the employer under the Massachusetts Payment of Wage Law. If you were an independent contractor, you might have a breach of contract claim against the employer.

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  • Can an employer retroactively charge back commission for inside sales?

    Judith’s Answer

    In a word, no, an employer cannot take commissions away or change the commission plan retroactively. In addition, inside sales reps are often paid incorrectly--employers frequently pay them as exempt employees when they are probably non-exempt and entitled to overtime pay for hours worked in excess of 40 in any workweek.

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  • Do I need a labor attorney ?

    Judith’s Answer

    Yes, I would definitely tell the owner about your manager's advances, the fact that you discouraged him, and that afterward, he failed to give you additional work and he has no business justification for the failure to give you work. If they terminate you or lay you off, or if your boss later retaliates against you for telling the owner, you should contact a lawyer.

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  • Can I appeal a FMLA denial?

    Judith’s Answer

    Your question touches on two laws; not just the FMLA but also the state and federal disability discrimination laws. Your employer may be required to give you the time off as an accommodation to your disability (Crohns), though their interpretation of the FMLA may be incorrect. Giving them the benefit of the doubt, they may be saying that they can't approve the leave until you actually have a flare and miss time; then, each time you miss time, you would have to apply again. You may want to contact an employment lawyer and have her review what you submitted to your employer, and what their response was, then work with you on a strategy going forward.

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  • I was terminated by my employer. The company home office is in CT and I worked in MA.

    Judith’s Answer

    Yes, if your office is located in Massachusetts and they terminated your employment, they are required to give you your final paycheck on the day they terminated you. As a practical matter, however, if they pay you on your next regular payday, you have not been harmed significantly to allow you to sue them. If, however, they do not pay you your final paycheck at all, you should talk to a lawyer.

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  • I own a small manufacturing company and for employee safety can I implement mandatory retirement at age 75

    Judith’s Answer

    No, you cannot institute mandatory retirement, that is age discrimination. Safety decisions should be made on a case by case basis, based on whether there is an actual safety risk, not a potential safety risk.

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  • Does my employer have the right to deduct wages from my vacation time for an event I did on my own time?

    Judith’s Answer

    First, did you sign any kind of contract with your employer in which you agreed to give them a percentage of any work you did outside of their salon? Unless you made some kind of an agreement like that, then I think it will be difficult for them to take the money out of your pay or out of your vacation pay. I think you should consult with a lawyer about this, particularly if they take this out of your vacation pay or if they fire you.

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  • Can I be demoted for Fmla approved absences?

    Judith’s Answer

    The FMLA prohibits an employer from retaliating against an employee who takes an FMLA leave of absence. If your absences were FMLA approved, this would constitute retaliation. I believe you should consult with a lawyer about this issue.

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