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Michael A. Goldstein
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Michael Goldstein’s Answers

847 total


  • Can my employer deny my benefits for unemployment?

    When my previous employer terminated me, they handed me a termination letter. All the termination letter said was that I was being terminated, it did not state why. Can my employer still deny my unemployment benefits? Are they able to lie and say ...

    Michael’s Answer

    In Massachusetts an employer can fire you for any reason or no reason at all so long as it is not any illegal reason such as discrimination or retaliation for you exerting a protected right. The fact is the employer does not need to State a reason why they terminated you. However, unemployment may ask the question and if they do give a reason for cause your unemployment could be denied. If that happens you would want to file an appeal right away and seek a hearing on the matter. Should you need to seek an appeal hearing it's advisable to consult with a local employment lawyer who has experience in these types of proceedings.

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  • How can someone shut down your business. I recently rented an enterprise rental car through UBer.

    Iwas unable to work for a few weeks due to illness. I was called randomly 1 time after 9 p.m. stating i owed them $1300 if i did not go in with that amount the next morning i would need to return the car. There was no prior notice that i had even ...

    Michael’s Answer

    Much of your issue is going to be boiled down to two things. First did you have any type of written agreement with Uber second did you have any type of written agreement on the lease the contents of both of those agreements will be controlling your situation.

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  • How do I go about suing for harassment in a work place?

    My supervisor has sexually harassed me on multiple occasions. He has also verbally harassed me almost on a daily basis at work. I went and spoke to HR and they are "looking into it."

    Michael’s Answer

    As my colleagues have suggested you really do need to meet with a sexual harassment lawyer sooner rather than later. During a consultation it will be determined if you meet the standard with sexual harassment in Massachusetts. If you do, most employment lawyers would then send it demand letter to the employer to have the conduct stopped and to make demand for damages on your behalf. One of the key factors is to remember that in Massachusetts sexual harassment has a very short stature of limitations only three hundred days.

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  • Is it legal for a manager to make the bartenders pay for missing money out of their tips in MA?

    I work at a restaurant/sports bar in Burlington, MA. Money has been missing various shifts from the bar. We have 3 registers and between 4-6 bartenders working that all access the registers. Last night we were $167 short at closing. Various am...

    Michael’s Answer

    The truth is we have very specific wage laws that requires your employer to pay you all wages you have her and wages include commissions and tips. Should the employer violate this law they would be subject to Triple H damages and attorney's fees.

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  • Can you put more cash into 401 K more than maximum allowed if there is some cash in your bank account before filing bankruptcy?

    Before filing bankruptcy, I am wondering if there is any maximum amount of money you can put into your 401K. Can you put more cash into 401 K more than maximum allowed if there is some cash in your bank account.

    Michael’s Answer

    Title 26 of the federal code regulate the specific amount of money that you can put or contribute into qualified retirement accounts such as 401K, IRA, SEP. Prior to filing for bankruptcy you really want to discuss strategy with an experienced attorney especially if you're considering a Chapter 13 and are reviewing disposable income for a plan, or are concerned that you don't have exemptions for liquid assets in a chapter 7.

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  • Did my employer have the right to make me sign that statement ? Can he withhold my last pay?

    My employer is withholding my last paycheck, I had been in trouble and had to make court appearance's, I used sick and vacation time for this. My employer had me sign a statement saying I wouldn't miss any more work or I would loose my job, ( w...

    Michael’s Answer

    In Massachusetts if an employer fails of refuses to pay wages then they will be subjected to triple the wages in addition to all attorney fees a reasonable hourly rate. Your first step would be to file a complaint with a mass attorney general's office They will provide you a right to sue letter and then you can have an attorney take it from there.

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  • Can I file chapter 13 and keep my dividends?

    I make about 20k a year. I rent and own my car. I have a lot of credit card debt. I want to file bankruptcy. The problem is that the only.asset I have are these dividends which come from my 29 percent ownership in a corporation. The person that ow...

    Michael’s Answer

    In order to determine your maximum liability and what portion of dividends you may have to pay out through a Chapter 13 plan you need to meet with an experienced bankruptcy attorney who can examine the exemptions you have available to you.

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  • When do former employers have to mail you your check? And do I have to legally pick up the check?

    I have tried every method of contact and no one could be reached at the branch(brinks). I have called payroll, HR, the scheduler, and I even left a voice mail for the manager. Everything was either a dead end or no answer. I'd like to know if the...

    Michael’s Answer

    In MA the law is very clear that if you are terminated your employer must provide you the check at the time of your termination. If you quit they must pay you on the next scheduled pay date. Should they fail or refuse to comply with this law they could be subject to triple damages and attorney's fees.

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  • Do I have a potential wrongful termination lawsuit

    I went on FMLA leave on 2/3/16. . I was terminated by my employer as of 2/22/16. I was not notified of my termination by my immediate store manager,nor by corporate. No one contacted me to tell me I was terminated or why I was being terminated. I ...

    Michael’s Answer

    It is possible there may be a claim for violation of FMLA and disability discrimination however many more facts are needed such as the length of your FMLA why you took FMLA.

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