This website is for advertising purposes only. All services administered through this website are performed by licensed attorneys.  Please note that nothing presented on this website is legal advice. Every client's case is different, and this website is simply intended to provide information to the public. This website does not create an attorney-client relationship, such a relationship is only formed after a signed agreement has been made.  If you have any questions, we invite you to contact our office for legal advice.

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Frequently Asked Questions

Below are a few Frequently Asked Questions that we receive.  We invite you to contact us if you have any questions. We are happy to help you.

​Worcester, MA lawyers

  • Are there any rules and restrictions on what an employer can ask me during an interview?

    • Interview questions should be associated to your background and skills, and must be related to the job position. A potential employer is not permitted to ask you about any personal details that do not pertain to the job, such as your political beliefs, religious affiliation, or sexual orientation. The employer is also not permitted to inquire about any disabilities you have or have had in the past, however they can ask if you are capable of performing the essential duties of the job with or without accommodation. Furthermore, the employer is not permitted to ask if you have ever been arrested for a crime, however they can inquire if you have ever been convicted of a crime, although there are a few exceptions. We invite you to call our office if you have questions regarding this issue.​

       

  • When is an employee entitled to medical leave?

    • When an employee is injured or in poor health, they may request sick leave, vacation, or personal leave if they need time off from work. Other types of leave are available that an employer may be obliged to provide, for example if the employee has a newborn or his/her family member has a severe health condition. In such cases, the employee may be authorized to receive up to 12 weeks of unpaid leave per annum under the Family and Medical Leave Act (FMLA). Medical leave may also be a suitable option for an employee with a disability, per the Americans with Disabilities Act (ADA).​

       

  • I was a victim of workplace harassment or discrimination, what should I do?

    • If available, follow the internal policies set forth by your employer’s Human Resources department. If that does not work, contact us for a free consultation. We will review your circumstances and help you determine your case. If you do not wish to work with an employment lawyer, you may pursue your claim on your own by contacting an agency that enforces employment law – for example, the Equal Employment Opportunity Commission. Consulting with an employment lawyer is recommended, because the path to filing a claim can be complicated. For many types of harassment and discrimination, you must file a claim with a government agency before you can file a lawsuit against your boss. In other cases, if you file your claim with a local government agency, you may be locked into that path of remedy and closed off from all others. If this is your first time filing a claim, or if you want to ensure that the process is handled correctly from the start, we recommend working with an employment lawyer. However, if you are well versed in your local employment laws and are familiar with the legal process, you may opt to file a claim on your own.

       

  • What laws control the hours and wages in my workplace?

    • There is a variety of legislation that defines the hours, wages, and conditions of your workplace. For instance, the Fair Labor Standards Act (FLSA) is a federal law that controls issues regarding overtime and minimum wage.

       

  • What is the difference between an independent contractor and an employee?

    • Massachusetts has specific laws regarding workers who qualify as an employee, and workers who qualify as an independent contractor. In general, employees are assured of benefits including break time, overtime pay, and more under state law. Some employers may hire you as an independent contractor to avoid providing you with such benefits.​  If you suspect your employer of any unlawful hiring practices, our office an help you.