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Christina L Montgomery

Christina Montgomery’s Answers

23 total

  • How do I determine if my termination at age 62 was the result of age or even health related as I am battling cancer?

    at my annual review I was told my position is being eliminated. I don't believe that. I am 62 and am battling cancer. the workplace stripped accrued time off benefits from my benefits account with no valid explanation other than telling me I wasn...

    Christina’s Answer

    Since you are a member of a protected category (age), and have had an adverse job action taken (termination) you may have an age discrimination claim. If your employer considered you disabled because you have cancer, you may have a disability discrimination claim. You may also have a wage and hour claim based on the accrued time off issue. But, an attorney would need a lot more facts to develop any of these potential claims. You. should speak with an employment attorney as soon as possible..

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  • Workplace situation

    On June 22, 2016, I was suspended from work The reason is they wanted to investigate my knowledge of allowing an employee to work without being paid. I was told I would be contacted by midweek this week. I have not heard from them yet. I ...

    Christina’s Answer

    They were investigating whether you had allowed an employee to work without being paid, or whether you knew about someone else allowing it? Either way, you should contact an employment attorney as soon as possible to advise you on your rights.

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  • Can I sue for neglect?

    I am working in the human services industry ( with aggressive autistic children age range 15 to 22 years old). For the past couple months, we have been working understaffed, we are being kicked by the kids not enough staffs to manage a whole or p...

    Christina’s Answer

    As my colleagues have pointed out, if you were hurt on the job you will likely be able to receive worker's compensation. As for a claim against the employer, that is harder and more fact specific. We would need more details: What do you mean by understaffed (not as many staff as there used to be? not enough staff to meet company policies? license requirements?) Are the children in danger from the understaffing? Are you a mandated reporter? Have you looked into filing a 51a complaint? There are anti-retaliation provisions to that law, as you may know. Bottom line, you should talk to an employment law attorney who you can share more details with to help you evaluate your situation.

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  • How can I get rid of an employee who refuses to leave?

    I run a small business with less than 5 employees. Not long ago, one of my full-time employees told me he was leaving the state at the end of July, permanently moving to Florida. When he told me this, I asked him to help me find a replacement for...

    Christina’s Answer

    As my colleagues have already responded, you should get an employment attorney asap. S/he can help you through this situation so that it causes the least disruption to your business and reduces the chance of a lawsuit. With regard to unemployment, he isn't guaranteed that even if you decide you have to fire him. But, again, you should consult an employment attorney with experience in unemployment law to assist you.

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  • 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 ...

    Christina’s Answer

    A couple of important points. One, your employer isn't required to give you a termination letter, or even tell you why you are being fired. Two, the employer does not decide whether or not you are eligible for unemployment - the Department of Unemployment Assistance does using information that both you and the employer provide to them. If the reason you were terminated is non-disqualifying you will be eligible whether the employer wants you to be or not. Having said that, it's my experience that employees aren't usually completely in the dark about why they have been fired. Think about why you think you were fired and then see if that reason would make you eligible or not. You should apply for benefits and see what happens. If you are denied, you should contact en employment law attorney with experience in unemployment appeals.

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  • Does moving from one good job to another in another state squelch unemployment benefits by resetting quarters to zero?

    I left a good job in NH to take an even better job in MA. I worked 4 quarters in NH/2015 and have worked 2 quarters in 2016. Now due to downsizing I am being terminated (not fired, it's just a cutback). Clearly I was eligible in NH if I was l...

    Christina’s Answer

    You probably have a combined wage claim - a claim that combines your base period wages from MA and another state. http://www.mass.gov/lwd/unemployment-insur/basic-ui-information/initial-claim/how-to-apply-for-ui-benefits/change-in-federal-combined-wage-claim-law.html
    You should apply, the worst thing that happens is you find out you aren't eligible.

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  • Can my employer relocate my office to a new location resulting in a 1.5 drive each way?

    I have been employed with the same company for 11 years, and was just told that they are moving my office 1.5 hours from its current location which in my opinion is an unreasonable commute. I was told I can either move, or commute.. or of cours...

    Christina’s Answer

    Regarding unemployment - it is not true that you will be denied if you quit under the circumstances you describe. Quitting because the employer has moved your position to a location that puts it out of a reasonable commuting distance can be good cause for leaving your job. First, though, you must make some efforts to preserve your job - in other words, discuss options with your employer and let them know that that distance is excessive.

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  • Will I be eligible for unemployment benefits?

    Im working a temp job on mass- since end of march. Its expected to end in july. Will I be eligible for unemployment benefits?

    Christina’s Answer

    Is your placement through an agency? Assuming you are placed through a temp agency - there are specific rules for temp workers. One of which is that you must have contact with the temp employer about finding another placement for you before you can claim unemployment. However, contrary to what many temp agencies tell you, there is no obligation to make continuous contact after a placement ends. If there are no jobs suitable for you through the agency at the end of your current placement, and assuming you are out of work solely because there is no work (and not for misconduct or rule/policy violation) you will likely be eligible.

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  • Can I file for unemployment compensation on 1099?

    When I was hired about 1 year ago, I was told that my job was based on projects needs. Since then I worked on full-time and paid with paycheck without any tax deduction. A couple of weeks ago, the company told me that I should stop coming to wor...

    Christina’s Answer

    I agree with Attorney Slack, and will also add that for purposes of unemployment in Massachusetts, there is a strong presumption that anyone who provides services is an employee. The employer bears the burden of proving that the person providing services was not an employee.

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  • I'll like to know if I can file for race, age, gender discrimination

    I was laid off at the end of January after 16 years at the company. I was given 45 days to review and sign the severance package. I am a Hispanic female over the age of 50. I have concerns regarding the course actions of the company. They l...

    Christina’s Answer

    In order for an attorney to help you determine if you have actionable claims for race, age or gender discrimination, you would need to provide a lot more information. At the very least the facts that you provided here might help in negotiating a larger severance if what you have been offered so far is not something you would like to accept. As my colleagues mention, signing the agreement will likely waive all of your rights to legal claims. So, your first step should be to contact an experienced employment attorney to discuss the situation and review the severance agreement. You can search for an employment attorney here on AVVO or the website for the Massachusetts Employment Lawyers Association.

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