Employment
Severance Agreements- NLRB
When employees are terminated, they are often given severance agreements as part of the termination process. Severance agreements are legal documents which impose restrictions on both employers and employees. Often, employees are offered payment as part of severance agreements but there may be strings attached. Most severance agreements contain clauses restricting future employment, preventing lawsuits…
Read MoreRes Ipsa Loquitur
Personal injury cases are generally brought on a claim that the defendant was negligent, and that the defendant’s negligence caused the plaintiff’s injuries. When a person brings a personal injury lawsuit, they have the burden of proving that the defendant was negligent. In a car accident case, that usually means proving that the defendant did…
Read MoreLGBTQ Workers Protected by Supreme Court Ruling
On June 15, 2020 the U.S. Supreme Court ruled that Title VII of the 1964 Civil Rights Act protects gay and transgender workers from workplace discrimination. The decision was written by Justice Neil Gorsuch who wrote the opinion in the 6-3 ruling. The decision states, “An employer who fires and individual merely for being gay…
Read MoreEmployment Law and the “Cat’s Paw” Theory of Liability
In a recent decision, the 1st Circuit Court of Appeals affirmed a lower court summary judgment for the Defendant employer in a case in which the Plaintiff asserted what is known as the “cat’s paw” theory of liability. Under this theory, where an employer takes adverse action against an employee (i.e. termination or discipline), even…
Read MoreWhen The Dress Code Does Not Match Religious Practice: The Abercrombie Case
American youth fashion recently crossed paths with a fundamental civil rights law in a case that garnered national attention. On June 1, 2015, the United States Supreme Court found that Abercrombie & Fitch Stores, Inc. violated Title VII of the Civil Rights Act of 1964 by refusing to hire a Muslim woman who wore a…
Read MoreSnow & Ice
Business owners should be aware of the potential liability they may face for slip & fall incidents that occur on their property. Up until 2010, an individual who was injured because she slipped & fell on a “natural accumulation” of ice or snow had no legal recourse. This resulted in plaintiff attorneys needing to prove…
Read MoreCar Accidents- Tort threshold
In Massachusetts, a person that has been injured in a motor vehicle accident as a driver or passenger must incur a minimum of $2,000.00 in medical expenses as a prerequisite to recover damages for pain and suffering. Under Massachusetts General Laws c. 231, §6D, a Plaintiff may recover for pain and suffering (including, in some…
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