Davis & Davis Is On Your Side

Boston Employment Attorneys

Representing Massachusetts Employees & Employers 

At Davis & Davis, P.C., our Boston employment law attorneys provide representation for employers and employees throughout Boston and Middlesex, Essex, and Suffolk counties. We have represented a wide variety of clients in the business world, from low-wage laborers to senior executives who have brought claims against small defendants and Fortune 500 companies. 

Regardless of the size of the corporate defendant, our Massachusetts employment lawyers level the playing field and aggressively use their resources and know-how to pursue a claim from its beginning through its fruition. Regardless of your earnings or industry, we are dedicated to protecting employee rights.

Our lawyers have years of experience and will use all our resources to successfully resolve your case. Call (978) 228-2262 or contact us online to schedule a consultation with an employment attorney in Boston.

The Role of Local Courts in Employment Disputes

Understanding how your case may proceed through the local judicial system is crucial. In Boston, employment law cases can be filed in state courts such as the Suffolk County Superior Court. Each case undergoes a rigorous process where judges consider both Massachusetts-specific statutes and federal laws. This is where having seasoned attorneys like those at Davis & Davis, P.C. proves invaluable; we offer guidance and representation that is attuned to the nuances of local legal practices.

Our firm frequently represents clients in these courts, familiarizing ourselves with the latest procedural changes and local judiciaries to offer you a tactical advantage. Additionally, the Massachusetts Commission Against Discrimination (MCAD) may also handle certain discrimination claims, offering a path that could resolve disputes through alternative hearings and settlements.

What Is Employment Law?

Employment law governs how employers and employees can work together. The term refers to a wide range of state and federal laws that cover everything from applications and interviews to paid and unpaid leave and terminating employment. Overall, employment laws are designed to protect employees from discrimination, unsafe working conditions, financial exploitation, and other problems that may arise in the workplace.

With employment laws in Massachusetts and an experienced employment attorney, workers can protect their rights and even out the power imbalance that often exists between employers and their employees. By understanding your legal protections, you can confidently address workplace issues and ensure you receive the treatment you deserve. Utilizing legal counsel provides valuable guidance through these complex situations, ensuring that your rights are always given top priority.

What Are the Most Common Employment Law Claims in Massachusetts?

Unfortunately, discrimination and harassment claims are two of the most common employment law claims we see at our firm. 

Employers may treat people unfavorably because of their:

Employers may also use their authority to demand sexual favors, or create a hostile workplace for people who do not conform to unfair expectations.

Other common issues included in our practice involve:

When employers do not pay their employees fairly, our attorneys step in. We utilize our extensive knowledge of state and federal regulations to advocate for fair wage practices and proper employee classification to ensure our clients receive rightful compensation.

We also handle problems involving the Family and Medical Leave Act (FMLA), wrongful termination, workplace safety, and employment contracts. Our legal team is committed to providing comprehensive support, focusing on both immediate solutions and long-term strategies that protect employees against future violations.

Please note that you always have the right to speak up about problems at work. If your employer demotes or fires you for voicing your concerns, you can sue them for retaliation. The Boston employment law attorneys at Davis & Davis, P.C. can help. Navigating these complex legal areas can be daunting, but having experienced attorneys on your side can greatly increase your chances of a successful outcome.

Experienced Employment Law Attorneys in Boston, MA

Davis & Davis, P.C. is comprised of seasoned legal counsel and trained support staff. Our employment law team has presented in countless employment law and civil rights seminars, including guest lectures at the prestigious New England School of Law. 

These seminars are designed to teach other lawyers, HR personnel, and community leaders on a variety of employment law matters happening in Boston, such as:

Our legal insights shared at these seminars have enhanced the understanding and practices of many professionals in the Boston area. We strive to lead the conversation around employment law and continuously seek innovative solutions for common workplace challenges. Our dedication to legal education not only benefits our clients by keeping our practices cutting-edge, but also strengthens the greater Boston legal community.

What Is the Statute of Limitations for Filing Employment Law Claims?

The statute of limitations refers to the time frame within which an employee must file a legal claim after experiencing an employment-related issue. In Massachusetts, this period varies depending on the type of claim and the laws that apply. Missing this deadline can result in the loss of the right to seek legal remedies.

For claims involving workplace discrimination, such as those based on race, gender, disability, or age, employees must file a complaint within 300 days of the alleged discriminatory act.

For cases involving wrongful termination, retaliation, or breach of contract, the statute of limitations may vary based on the specific claim. For instance, breach of contract claims often have a six-year deadline under Massachusetts law.

Understanding these deadlines is crucial, as they dictate when legal action can be initiated. Consulting an experienced Massachusetts employment law attorney promptly ensures that your rights are preserved and that your case is handled effectively within the applicable time limits. It's imperative for both employees and employers to be aware of these critical timelines to appropriately plan and execute any necessary legal actions.

What Are My Rights as an Employee in Boston?

If you work in Massachusetts, you have the right to fair wages, a safe workplace, a workplace that is free of discrimination and harassment, paid family and medical leave, and workers’ compensation.

Visit the Commonwealth of Massachusetts website to learn more. Being well-informed about your rights empowers you to take necessary action against violations. Our firm provides detailed consultations where we discuss your specific workplace situation and outline steps that can be taken to safeguard your rights.

Frequently Asked Questions

How Does Massachusetts Define Workplace Discrimination?

In Massachusetts, workplace discrimination occurs when an employee is treated unfavorably due to characteristics like race, gender, age, or disability, as protected under the Massachusetts Fair Employment Practices Act. Discriminatory acts can include biased hiring practices, unequal pay, or unjustified dismissal. This state law provides more comprehensive protections than federal laws, addressing nuanced forms of discrimination that could arise in diverse work environments like Boston's. Our legal team at Davis & Davis, P.C. is adept at identifying these issues and guiding you through the appropriate course of action.

What Steps Should I Take if I Face Harassment at Work?

If you're experiencing harassment at work, it's important to document incidents meticulously, including time, date, involved parties, and any communications or actions taken. Report the harassment internally according to your company's policy and retain a copy of your complaint. Should internal resolution prove ineffective, consult an employment law attorney promptly. At Davis & Davis, P.C., we support you in understanding your rights and evidentiary requirements, working to build a robust case if legal action becomes necessary.

Is it Legal for My Employer to Deny My Family and Medical Leave Act (FMLA) Request?

The FMLA entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons. However, eligibility hinges on a variety of factors, including length of employment, number of hours worked, and size of the employer. If you believe your employer unjustly denied your FMLA request, it is crucial to consult legal counsel to assess the merits of your case. Our attorneys at Davis & Davis, P.C. have extensive experience managing FMLA disputes and can help determine if your rights have been violated.

    "John was skilled in identifying options that would be to our benefit"
    John Davis came highly recommended from an attorney friend of ours and he did not disappoint. Initially, we were unsure how to proceed given our circumstances. John was skilled in identifying options that would be to our benefit and the pitfalls of those that would not be, always leaving the decision with us and keeping us level-headed when emotions ran hot. We were able to achieve the best possible outcome for our particular situation thanks to his knowledge and effort.
    - Bill N.
    "Felt seen and heard every step of the way"
    A big thanks to John and the team for making me feel seen and heard every step of the way. He was there throughout the years to orient and support me when things became unfamiliar and uncomfortable for me! Thank you!!
    - Laritza F.

Protect Your Rights as an Employee

As an employee in Massachusetts, it's important to understand your rights and protections under state and federal employment laws. Our team of experienced employment law attorneys in Boston is dedicated to helping you navigate the complexities of labor laws and ensure that your rights are upheld in the workplace.

Common employee rights in Massachusetts include:

If you believe your rights as an employee have been violated, don't hesitate to reach out to our team for legal guidance and representation. Understanding how these rights translate into everyday work situations is crucial. We provide actionable advice and representation designed to address your unique circumstances and advocate for appropriate redress and remedies when your rights are infringed upon.

Labor Law Compliance Is Not Always Intuitive for Employers

Our Boston employment lawyers primarily represent employees, but we also have a strong growing base of corporate clients. We will interview small to mid-size corporations that need assistance complying with the myriad employment laws and will help resolve employment-related claims by employees. 

Our lawyers make effective communication a necessity in fostering a good work environment and uniform goals. This is the cornerstone of all of our attorney-corporate client relationships. While our goal is to keep our corporate clients out of the courtroom, if litigation is unavoidable, we will provide zealous representation in the courtroom. We also offer compliance training, policy reviews, and day-to-day legal advice to help businesses maintain fair and lawful environments, reducing the risk of costly legal disputes and promoting a positive workplace culture.

Employer Rights in Massachusetts

In Massachusetts, employers have many rights and responsibilities. As long as you maintain a safe, conscientious workplace that abides by all applicable employment laws, you have the right to demand hard work and quality and protect your business.

Massachusetts is an at-will employment state, which means you and your employees can end your employment relationship at any time for any reason (that isn’t discriminatory or retaliatory) with or without notice. Nevertheless, union employees are held to different standards and employment contracts override the state’s at-will provisions.

If you have any questions about how to best protect your business, do not hesitate to contact our Boston employment lawyers. Employers must navigate complex legal landscapes to ensure they protect their operational interests while remaining compliant with laws that affect their workforce. Our legal team assists employers in ensuring they are well-informed and equipped to handle these responsibilities. We offer strategic counsel on proactive measures businesses can take to safeguard against potential legal challenges.

Contact us online today or give us a call at (978) 228-2262 your initial consultation from our Boston employment lawyers.

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Employment Law Questions And Answers

  • How Do I Know if I Am an Employee or an Independent Contractor?

    Job titles are often misleading. It is important to look at the work being performed. Some companies (intentionally or unintentionally) misclassify workers as independent contractors when in reality these workers are employees of the company. As a result, these workers are not entitled to the same benefits as employees and have to pay the ‘self-employment tax’ of 7.65 percent because the company is not making contributions, (i.e., FICA, FUDA). While the federal law uses a test called the ’20 factor test’, Massachusetts uses a much more stringent test that is set forth in the statute. Massachusetts companies should be cautious about identifying workers as independent contractors who have an ongoing relationship with the company.

  • Are Non-Compete Agreements Enforceable in Massachusetts?

    A Massachusetts court will enforce a non-compete agreement only if it is necessary to protect trade secrets or goodwill. The agreement must also be reasonable in scope (i.e., time and geography) and if it furthers the public interest. Massachusetts companies cannot use these agreements to restrict general competition. Employees have numerous defenses to assert which can invalidate the non-compete obligations. These defenses are particular to each situation, so employees are advised to consult with an attorney prior to signing a non-compete or non-solicitation agreement and prior to taking steps that might violate one that is already in place

  • If There Is a Progressive Discipline Policy in My Handbook, Does the Company Have to Comply With It?

    Probably not. Most employee handbooks explicitly and clearly communicate that the handbook does not grant any contractual rights or protections to the employees. In fact, the handbook probably starts off with a disclaimer that explains that employees are ‘at will’ employees, which means that they can be fired with or without cause or notice. Some companies that use outdated or poorly drafted handbooks sometimes unintentionally open the door to claims. Business owners take note – it is better to have no handbook than a poorly drafted handbook.