Employment Matters

The employee-employer relationship is unique and, unfortunately, sometimes fraught.  Employment disputes affect both employers and employees.  Navigating this relationship can be challenging from both a management perspective and an employee perspective.  The laws affecting this relationship are complex and frequently changing.  Tanowitz Law Office, P.C. uniquely represents both employees and employers with regard to their various needs in navigating these employment laws.  Our advocacy on both sides of employment law affords clients an advantage in our ability to understand their legal matter and represent them effectively and efficiently.

Counseling

We counsel employees on their rights with regard to their entire relationship with their employer – from reviewing and negotiating employment agreements to navigating unfair or illegal treatment while on the job. We also help employers through day-to-day counseling to avoid litigation or other employee disputes, and advise on adopting best practices for the future.  From practices in hiring through firing, Tanowitz Law Office, P.C. is here to counsel through the entire employment relationship.

  • Employment agreements
    • Offer letters / termination letters
    • Nondisclosure agreements
    • Noncompetes
    • Nonsolicitation agreements
    • Severance agreements
  • Employee handbooks and workplace policies

Litigation

If litigation becomes necessary, we can counsel you in navigating the complex and stressful court process to achieve the best outcome possible.

Below is a sampling of areas Tanowitz Law Office, P.C. handles:

  • Wage and hour laws and independent contractor classification

An employer who fails to pay overtime to hourly, nonexempt employees violates federal law. If you work more than 40 hours within one work week, you are eligible for overtime at a rate one-and-a-half times your hourly wage. If your employer fails to pay you overtime, you can file a lawsuit to recover unpaid overtime wages, and you may also have a right to request a penalty. We represent both employees and companies in disputes involving unpaid overtime.

  • Employment discrimination / wrongful termination and retaliation

    Massachusetts is an employee-at-will state. This means that an employer can fire an employee for any reason and at any time. Likewise, an employee can quit employment for any reason and at any time. But you cannot be terminated for a reason that breaches a contract or violates the law. Wrongful termination occurs when are discriminated against for being a member of a protected class; or, the employer retaliates against you for a protected activity such as making complaints about sexual harassment, unpaid wages, discrimination, or other relevant and important matters.

  • Equal pay issues

The Massachusetts Equal Pay Act (MEPA) becomes effective July 1, 2018.  It prohibits discrimination in the payment of wages for “comparable work” based on an employee’s gender.  While it was already illegal to pay women and men differently based upon their gender alone, the Act further defines and gives teeth to remedy such pay disparities.  The Act also prohibits employers from inquiring about a potential employee’s salary history, and prohibits employers from barring employees from discussing their wages.  The purpose behind these restrictions is help close the disparate pay gap that exists between men and women in Massachusetts.