When I recently sat down at work, my chair, which was in a locked position, suddenly collapsed. I fell and landed on my shoulder. As a result of the chair mishap, I required surgery. Who can be held responsible for what happened?

You may make a claim against a number of different entities depending on your relationship with them and their involvement in creating your dangerous work environment. Further, even if the workers’ compensation statute precludes you from suing your employer, you can make a claim against the manufacturer of the chair for negligent design, negligent manufacture or failure to warn (among other less common theories) for its involvement in contributing to your injury.  Read More →

The day after a married 43-year-old father of two was seen by his primary care physician for chest pain, he collapsed at work and died of a heart attack. After conducting some tests in his office, the doctor had released the man and scheduled a stress test for the following week. If the family sues the doctor for negligence, what would they have to prove?

The family would have to prove that it was negligent to schedule the stress test for the following week, rather than taking more immediate action. A claim like this can be fairly complicated, because it would involve proving that the test should have been done earlier, that it would have been positive, and that the positive result would have caused the doctor to take some immediate action that would have prevented the heart attack. If any link in that chain is missing, the claim cannot be brought. Source:... More

If my neighbor’s tree is hanging into my yard, can I trim it?

There is a principle of law known as the “Massachusetts rule,” which allows you to do some trimming of your neighbors’ plants/shrubbery, but with some limits. If your neighbor’s tree roots are coming onto your property, or if the tree limbs are hanging over on your side, you have the absolute right to cut down the limbs or remove the roots — but only to the property line. If your neighbor wanted to bust you for destruction of his property, he would have to show that you were... More

I thought the law was not supposed to interfere with religion. So why is everyone guaranteed a day off on Christmas, a religious holiday?

Actually, in Massachusetts most people do not have an absolute right to a day off on Christmas. This question became an issue in 1996 when two racetrack workers refused to work on Christmas Eve and were fired. They sued, claiming their employer was violating their religion. But the state’s highest court found that it is not for the judiciary to decide the requirements of religions. A judge wrote, “Courts avoid such entanglement by abstaining from the resolution of controversies regarding... More

I just purchased a business that has three full-time employees who are paid by the hour. I’ve heard about the Wage and Hour Act but don’t really know what it is. How does it apply to my business?

There are hundreds of legal requirements that relate to wages and hours for employees. The most significant of these laws are outlined in a booklet I wrote, “Massachusetts Wage and Hour Laws: What Every Manager Needs to Know,” available on my firm’s website at www.foleyhoag.com. Source: James W. Bucking is an attorney at the Boston law firm of Foley Hoag. He can be contacted at jbucking@foleyhoag.com.  Read More →

I am the owner of a clothing store. One of my employees had to work late one night because her replacement unexpectedly called in sick. She is now demanding that she be paid time-and-a-half. Is she right?

Working beyond a scheduled shift, even if it takes the employee over eight hours in a day, does not entitle the employee to premium pay. Time-and-a-half is required only if the extra hours push the employee past 40 for the workweek as a whole. Source: James W. Bucking is an attorney at the Boston law firm of Foley Hoag. He can be contacted at jbucking@foleyhoag.com.  Read More →

If someone is saying something nasty about me on a blog, can I sue them?

You can definitely sue them; whether you will win is another matter. Bloggers, like other publishers, are protected by the First Amendment. So they can say anything they want as long as they are not maliciously misrepresenting the facts. If they are doing that, they can be sued for libel just like a newspaper can. But if someone is calling you a jerk, that will likely be deemed an opinion, and opinions (unlike lies) are protected. Also, under federal law, the host of a blog is protected from comments... More

Do I really have to be sick to call in sick to work? Can my boss fire me for taking too many sick days?

Most employees in Massachusetts are “at-will employees.” That means your employer can usually discipline you or fire you for any reason at all. There are exceptions, of course. Your boss cannot discriminate against you because of your race, color, religious creed, national origin, sex, sexual orientation, ancestry or age. Firing you with even a hint of discrimination would be improper. But if one of these improper reasons is not afoot, your boss can take action against you for too many sick days... More

I run a hotel. One of my employees has been accused by a guest of sexual harassment. We require all our workers to participate in sexual harassment training every year and make several efforts to prevent it from happening. We ran an extensive background check on the employee and had no knowledge about the incident prior to hearing from the guest. However, we were sued along with the employee. Can we be found liable? Can we fire the employee based on the allegation?

It is common for plaintiffs’ lawyers to sue employers based on the alleged misconduct of their employees. It is helpful to the employer’s position in court if it has done a thorough job of screening, training and supervising its staff. As to firing the worker, proof that the employee did sexually harass the guest is certainly good grounds for termination. Even absent such proof, discharge may be appropriate - most employees are “at-will,” meaning they can be fired for any... More

I hired a secretary about six months ago. She has not been doing a good job, and I was about to tell her that she was going to be fired. Before I could do that, though, she informed me she was pregnant and would be taking time off after she had the baby. I’m worried that if I fire her now, she will sue me. What is the law in this area?

This is tricky. Although pregnant employees are not immune from being fired for poor performance, the timing of the termination here would raise questions about whether the employer was engaged in pregnancy discrimination. A significant factor affecting the employer’s chances of winning in court is whether there was pre-existing documentation demonstrating the poor performance. Source: James W. Bucking is an attorney at the Boston law firm of Foley Hoag. He can be contacted at jbucking@foleyhoag.com.  Read More →

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