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Fair Reasons for Dismissal However, the Fair Work Commission has determined that you should not dismiss any employee without a valid, sound, and defensible reason given the circumstances, and a fair dismissal process, in order to minimise the risks of a subsequent unfair dismissal claim.
From Boston.com: Massachusetts does not require employers to offer rest breaks other than the 30-minute lunch break2026 There is no federal law which requires an employer to provide rest breaks2026 Some bargaining agreements may require breaks during the work day.
Employees who have been wrongfully terminated may pursue their claims through the Massachusetts Commission Against Discrimination (MCAD), the Equal Employment Opportunity Commission (EEOC), or in federal or Massachusetts court.
It is therefore possible to dismiss even on a first offense and without any prior warnings having been issued, but that will depend on the severity of the offense, the circumstances under which it was committed, and the provisions of the employer's Disciplinary Code.
Although it seems almost impossible to believe, employers in Massachusetts, or in any other employee-at-will state, can fire any employee at any time for any reason or even for no reason at all. An employer can terminate any employee, with or without notice.
Wrongful termination occurs where an employee is discharged for unlawful reasons, which can include discrimination based on a protected class or retaliation. Employees who suffer a wrongful termination may bring a claim under both state and federal law.
An "anti-raiding" restrictive covenant is only reasonable, and thus enforceable, if it is (1) necessary to protect a legitimate business interest, (2) reasonably limited in time and space, and (3) consonant with the public interest.
Here are five ways to beat a non-compete agreement.Prove your employer is in breach of contract.Prove there is no legitimate interest to enforce the non-compete agreement.Prove the agreement is not for a reasonable amount of time.Prove that the confidential information you had access to isn't special.More items...
A hostile work environment involves harassment, and harassment is defined by the EEOC as: Unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.
In Massachusetts, a non-compete is only enforceable to protect a legitimate business interest. Certain recognized interests include: the protection of trade secrets, confidential information such as client lists, computer data, and business plans, and.