In appropriate circumstances, Massachusetts courts will enforce non-competition agreements and prevent employees from competing with their former employers. Non-competition agreements can be part of an employment contract signed at the start of employment, or executed as a separate contract at a later date.  A non-competition agreement is a promise by an employee not to compete against their employer for a specified period of time, and in a certain geographic location, after the employment relationship ends.  Typically, Massachusetts courts will enforce a non-competition provided the employer can show:  (1) the agreement is necessary to protect the legitimate business interests of the employer; (2) is supported by consideration, meaning both parties received something for executing the agreement; (3) is reasonably limited in all circumstances, including time and space, and; (4) is otherwise consistent with public policy.  However, all cases are particular to their facts and the nature of the employer’s business.  Courts will not enforce arbitrary agreements or if the employer has not taken other reasonable steps to protect itself. [Read more...]

Under Massachusetts employment law, every employer is required to carry workers’ compensation insurance for its employees. Proper workers’ compensation insurance will provide coverage for most employee related injuries and illnesses sustained during the course of employment. According to Massachusetts Workers’ Compensation law, an employee is defined as “every person in the service of another under any contract of hire, express or implied, oral or written.” Limited exceptions exist for certain specialized professions and most notably for independent contractors. However, recent changes to the law have made it very difficult for employers to classify an individual as an independent contractor, and the advice of an experienced Massachusetts employment law attorney should be sought before making this classification.

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In Massachusetts, terminated or fired employees have a number of very important legal rights. Massachusetts employment law entitles a fired or terminated employee to compensation for wages you have already earned, vacation time, and any compensation or severance pay you are entitled.  In addition,Massachusetts employment law also entitles a fired or terminated employee to continue their health insurance, and unemployment benefits if you qualify.  If an employer fails to comply with these requirements they can be subject to strict sanctions and fines.

If you are an employee who was recently termination or fired, or are a business owner in Massachusetts who has recently terminated or fired an employee, please contact Massachusetts employment lawyer Michael P. Doherty for an initial consultation.

Generally, Massachusetts employment law defines most employment relationships as “at will,” which means your employer does not need a good reason or cause to terminate or fire you.  However, according to Massachusetts employment law an employer cannot fire or terminate an employee for an illegal reason.  Illegal reasons to terminate or fire an employee include: discrimination due to sex, nationality, disability, religion, or race, retaliation, and whistle-blowing.

If you have an employment contract, under Massachusetts employment law, the contract will determine the reasons you can be terminated or fired.  However,Massachusetts employment law still protects a contracted employee from being terminated or fired for an illegal reason.

If you are an employee and believe you were fired or terminated for an illegal reason, or are a business owner who is concerned an employee may claim they were fired or terminated for an illegal reason, please contact employment lawyer Michael P. Doherty at Doherty, Ciechanowski, Dugan, & Cannon for an initial consultation.