On May 25, 2018, the Boston Globe sued one of its former employees for breach of contract arising out of a dispute that began on Twitter, and as the Globe alleges, implicates a provision of the parties' 2016 severance agreement. 

According to the complaint, in 2016, the employee separated from the Globe and received some severance pay in consideration for, among other things, an agreement "to cooperate...

I'm very interested in this concept of "emotional labor." It is when women, typically, are expected to take care of the people they work with -- whether it is emotionally or by doing the cleaning or organizing duties at the office that are not within their job descriptions. I see it come up with female clients, and I have certainly felt it numerous times myself in my past work life.  

It is touche...

In Ives Camargo's Case, issued today, the highest court in Massachusetts confirmed that there are varying statutory tests to determine employee verses independent contractor status for purposes of the workers' compensation, unemployment insurance, wage, and tax withholding laws: 

Our laws have imposed differing, and not uniform, definitions of employees and independent contractors. Currently, ther...

February 23, 2018

This is a quick post about today's article in Bloomberg Law in which I'm quoted. 

The article seems to have arisen from news that the Massachusetts Commission Against Discrimination (MCAD) has sought an increase in state funding as a result of the substantial increase in sexual harassment complaints since the Harvey Weinstein scandal broke. 

I have written about the wave of the #MeToo movement...

February 14, 2018

When an employee is handed a draft severance agreement from an employer, many of the provisions, including the confidentiality or non-disclosure provision(s), will be drafted so that the employee is barred from acting, but the employer is not necessarily. 

A typical confidentiality or non-disclosure provision drafted by an employer looks like the following: 

Employee agrees that the terms, amount and ot...

January 30, 2018

I love this story. 

Alex Cora, a native of Puerto Rico, was negotiating his managerial contract with the Boston Red Sox this past October, just as Puerto Rico was beginning its recovery from Hurricane Maria.  

It seems that as part of Cora's personal employment contract, he negotiated a provision in which the Red Sox agreed to deliver medical supplies and other equipment to Puerto Rico to...

January 19, 2018

 The Massachusetts Appeals Court last week issued a quick reminder on the effect of general releases in severance agreements. This particular opinion came down after four years worth of employment litigation concerning one man's severance agreement.

First, what's a "general release"? In the context of a severance agreement (sometimes called a separation agreement), if an employee signs one, he or she i...

December 29, 2017

A recent op-ed in the New York Times advocates for the imposition of just cause employment to be passed as part of any employment reform legislation. I explain the concepts of employment-at-will and its opposite, just cause employment, to prospective clients all the time so I wanted to take the opportunity to explain it here in the wake of this op-ed

The default employment relationship in Massachuset...

December 27, 2017

Former federal District Court judge Nancy Gertner submitted a column in a recent edition of Massachusetts Lawyers Weekly (subscription required) about the current #MeToo movement. I'd like to pull out some points she made in her piece. But before diving in, it is important to note that prior to being elevated to the federal bench in the 1990s, Gertner herself worked as a civil rights and criminal defe...

November 28, 2017

A 2013 lawsuit filed by a former high level employee of the Plymouth County District Attorney's Office recently settled and made it into the news. The case provides yet another example of how an employment law case can play out, so I wanted to write up some of the particular facts here for those employees who are looking to understand how employment litigation works. 

A former Assistant District A...

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Doorways Employment Law, LLC, is currently a virtual practice and generally serves individuals across Massachusetts, including Suffolk, Middlesex and Worcester counties. 

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