Employment Lawyer in Boston, MA
Navigating the complexities of employment law can be overwhelming, especially if you’re unsure of your rights or obligations as an employee. Whether you’re dealing with a wrongful termination case or facing discrimination, it’s important to understand your legal options. This is where help from a skilled employment lawyer comes in handy.
At the Fogelman Law Firm, we’re dedicated to helping employees understand their legal options. If you believe you have an employment lawsuit or need help understanding your options, we can help.
Common Employment Lawsuits in Boston, MA
Not all employment lawsuits cover the same incidents. The most common employment lawsuits in Boston, MA, include:
Wrongful Termination
A wrongful termination lawsuit stems from an employee believing they were fired for an illegal reason, such as discrimination, retaliation, or violation of public policy. For example, an employee may claim that they were fired due to reporting illegal activities, refusing to perform an illegal act, or exercising their legal rights, such as taking family or medical leave.
Discrimination
A discrimination lawsuit occurs when an employee faces differential treatment based on a protected class, such as race, gender, age, religion, national origin, disability, or sexual orientation. These cases may involve claims of unequal pay, lack of promotions, or unfair disciplinary actions.
Harassment
A harassment claim involves unwelcome conduct based on protected characteristics that create a hostile or offensive working environment. While the most common form of harassment is sexual in nature, such as unwelcome sexual advances or requests for sexual favors, it may also be based on race, religion, age, or other protected traits.
Retaliation
A retaliation lawsuit arises when an employee suffers adverse action, such as demotion, termination, or harassment, for engaging in legally protected activities. For example, the employee may file a discrimination complaint, participate in an investigation, or come forward as a whistleblower. Employees must show a direct link between their protected activity and the employer’s retaliatory action.
Wage and Hour Violations
A wage and hour violation lawsuit surrounds violations of the Fair Labor Standards Act (FLSA) or state wage laws. Common claims under this type of lawsuit include unpaid overtime, minimum wage violations, unpaid commissions, and misclassification of employees as exempt from overtime.
Workplace Safety Violations
If workplace conditions are unsafe or violate the regulations set by the Occupational Safety and Health Administration (OSHA), an employee may file a workplace safety violation lawsuit. These lawsuits can vary, often involving claims of inadequate safety measures, failure to provide proper training, and retaliation against employees who report safety violations.
Breach of Contract
When an employer or employee fails to uphold the terms of an employment agreement, a breach of contract lawsuit may arise. These agreements may be written, oral, or implied and often involve disputes surrounding unpaid wages, wrongful termination, and failure to provide agreed-upon benefits.
How Long Do I Have to File an Employment Lawsuit in Boston?
In Boston, MA, employees have a set period of time within which they must file their employment claims. This timeframe is called the statute of limitations and varies depending on the specifics of the case.
For example, the Massachusetts Commission Against Discrimination (MCAD) outlines a 300-day time limit for filing complaints. However, if you take your case to a state superior court or federal court, the deadline extends to three years after the illegal incident.
If you don’t file your claim within this timeframe, you may forfeit your ability to pursue legal action against the at-fault part.
What Evidence Do I Need in a Boston Employment Lawsuit?
Necessary evidence in a Boston employment lawsuit can vary from case to case. Different types of cases can require different types of evidence, but there’s often some degree of evidence that is useful or necessary in these cases, including:
- Job description
- Employment records
- Pay records
- Emails and correspondence
- A record of formal complaints
- Video or audio recordings
- Witness testimonies
How Can an Employment Lawyer Help?
Help from an employment lawyer is often invaluable when navigating the complex web of the legal system. Your lawyer will guide you through each phase of the process by:
- Evaluating your case to help you determine your legal options
- Leveraging their expertise to help you understand your rights and obligations and the best course of action in your situation
- Conducting an investigation to collect essential evidence, such as witness testimonies or employment records
- Protecting you against retaliation, taking steps to prevent or address any actions taken against you
- Offering sound legal guidance to help you make informed decisions
- Representing you in negotiations and litigation, advocating for your rights and interests
Frequently Asked Questions About Employment Lawsuits
How Much is an Employment Case Worth?
The value of an employment case varies based on the specifics of the case, including the nature of the violation and the extent of damages suffered. Your lawyer will review those factors to determine a fair and meaningful amount to pursue.
Is an Employment Lawyer Necessary for My Employment Lawsuit?
You aren’t required to hire an employment lawyer for your employment lawsuit. However, given the complex nature of employment law, enlisting help from a knowledgeable employment lawyer is a wise idea. Your lawyer will guide you through the legal process, ensuring you understand your rights and obligations as an employee.
What Types of Damages Can I Recover in an Employment Lawsuit?
Recoveries in an employment lawsuit can vary dramatically from one case to the next. In some cases, you may recover lost wages (back pay and/or front pay), attorney’s fees, or compensatory damages for emotional distress, but every case is different. Once your lawyer learns more about your case, they can offer more insight into potential recoveries.
Get Personalized Assistance With Your Employment Case
Pursuing legal action against an employer after discrimination, harassment, or a similar employment-related matter can be overwhelming. With help from a skilled Boston, MA, employment lawyer, you can better understand your legal options and make informed decisions surrounding your case.
Whether you’re dealing with a wrongful termination claim, addressing discrimination, or seeking redress for workplace safety violations, our experienced team at the Fogelman Law Firm is here to help. Contact us today at (617) 559-1530 or complete our online contact form to start with a free consultation.
