Both Houses of the Massachusetts Legislature recently passed new legislation which would significantly overhaul alimony issued by Massachusetts courts. The bill now awaits the signature of Governor Duval Patrick. Under the legislation, the courts would be limited in issuing alimony orders depending on the length of the marriage. By way of example, if a marriage is five years or less,…
A big source of contention in many child custody cases is the exchange location. Parents often disagree as to where the exchanges shall take place, as some parents feel that they do more of the commuting than the other parent. The attached link to MeetWays.com is a resource which allows the parties to find the halfway point between the parties’…
As a general law practice, we assist individuals and businesses every day. Our lawyers specialize in many areas of law, and are here to provide you services and advice. Our legal expertise and professional judgment will assist you when making important decisions throughout the legal process. Oftentimes, legal advice is best sought as a preventive measure. Whether you are coordinating…
In order to protect an employer’s confidential information and good will, it may have certain employees sign a non-competition and non-solicitation agreement. These agreements in addition to prohibiting former employees from using confidential information will, for a time period usually ranging between six months to two years after the employment ceases, prohibit the former employee from either competing with the…
Balancing the safety of impaired employees with providing reasonable accommodations under disability employment law can be difficult for employers as illustrated in the Massachusetts court case of Nicole Cyr v. United Parcel Service. In that case on June 16, 2011, the federal trial judge denied summary judgment for UPS finding as triable issues whether Cyr was discriminated against based upon…
Employers generally cannot prohibit employees from discussing their wages and benefits among themselves or with current or potential union representatives. This is the case even if the employer is not a union shop. This point was the subject of a decision from the First Circuit Court of Appeals on June 22, 2011 in the case of National Labor Relations Board…
In the decision of Casey v. Casey, the Massachusetts Appeals Court decided that a military pension is a marital asset subject to division. Because the pension is an asset, the Appeals Court further held that the monthly pension payments shall not be considered as income for child support and alimony purposes. If you have any questions regarding the division of…
On March 21, 2011, the United States Court of Appeals for the First Circuit Court rendered a decision which emphasizes the importance of employees subjected to harassment by co-workers to report such abuses to their boss and the importance of that boss to investigate, and, when appropriate, discipline the harassers. This Court hears appeals from the federal courts within the…
A recent Massachusetts decision emphasizes that an employee’s abusive and mean boss does not always equate to legal liability to the employer. In the case of Anthony McCarty v. Verizon New England, Inc. and Jeffrey Romano, Anthony McCarty, a service technician for Verizon brought a Massachusetts state court lawsuit alleging claims of intentional and negligent infliction of emotional distress based…
The cat’s paw theory of liability is gaining ground in employment discrimination cases, as noted in a March 1, 2011 United States Supreme Court decision. The theory was developed from a fable made famous by La Fontaine in which a monkey convinces an unwitting cat to pull chestnuts from a hot fire. The cat keeps pulling chestnuts from the fire…