YOU HAVE A RIGHT TO BE TREATED FAIRLY AND PAID
For your earned wages, overtime, commissions, and unfair termination
The following is a list of some general examples of issues that arise in employment law in which Attorney Feener may be able to help assist you.
1. Has your employer attempted to classify you as an “Independent Contractor”?
What constitutes an employee is often based on whether you have performed the same type of work as the employer’s business and have performed this work solely for the employer. If you meet this criteria, you may be considered an employee and will be owed unpaid wages by the employer for your work and services.
Under Massachusetts law, there is a presumption that you are an employee. An employee’s rights in terms of treatment and payment are considered greater when the employee is characterized as an “employee” versus an “independent contractor.” If an employer tries to improperly categorize you as an “independent contractor” in order to lessen the standard of treatment and wages owed, the employer may be subject to penalties.
Please call Attorney Feener for a free consultation concerning you wage collection case and your employee status.
2. Has your employer failed to pay for your earned overtime hours?
As an employee, you have a right to be paid for earned overtime. Both the Fair Labor Standards Act and Massachusetts law require qualified employees that work over 40 hours in a week be paid the employee’s base rate of pay for work at a rate of time and a half.
What constitutes a qualified employee is often based on whether you hold a position of authority, such as a managerial position. If you are a qualified employee, the employer is obligated to pay for your earned overtime hours and will be subject to penalties for failing to do so.
Please call Attorney Feener for a free consultation concerning your earned overtime collection case.
3. Has your employer failed to pay for your earned commissions?
As an employee, you have a right to be paid for your earned commissions. The Massachusetts Wage Act requires an employee be paid for earned commissions when commissions are definitively calculated. Often times, an employer may attempt to classify an employee’s earned commissions as “discretionary” under the contract in order to avoid pay the commissions altogether.
Regardless of the motive, if your employment contract requires paid commissions and you can definitively calculate the commissions owed, you have a right to those paid commissions by the employer.
Please call Attorney Feener for a free consultation concerning your earned unpaid commissions.
4. Has your employer unfairly terminated you?
As an employee, you should never have to deal with unfair termination or treatment by your employer. Under Massachusetts law, you have the right to not be targeted or retaliated against based upon gender, race, ethnicity, and religion or based upon actions which occurred during the scope of your employment. Often times, employers unfairly terminate employees on the basis of complaints concerning their unpaid wages or misconduct in the workplace.
Employees who have been terminated are required by law to be paid all earned wages, including holiday and vacation pay under oral or written agreement, on the date of termination. If you believe you have been unfairly terminated by your employer, please call Attorney Feener for a free consultation.
Should you need assistance or help to collect unpaid wages, unpaid overtime, unpaid commissions, or damages as a result of unfair termination, please do not hesitate to contact the Law Office of Attorney Gordon Feener. Attorney Feener has successfully litigated prior employment law cases concerning wage collection, compensation, and unfair termination and can assist you in your employment claims.