Sep
21

Growing Use of “Independent Contractor” Label Creates Dangers for Businesses

As the economy continues to struggle, many businesses are relying more and more on independent contractors, and avoiding hiring new employees. Economically, the use of independent contractors offers a number of advantages over hiring traditional employees. Among other things, businesses can avoid paying overtime, payroll taxes, employment and worker’s compensation insurance and Social Security. While… Continue reading »

Feb
24

How to Know if You Have Been Constructively Terminated

Constructive Termination occurs when an employer renders an employee’s working conditions so difficult and intolerable that a reasonable person would feel forced to resign. An employee that has been constructively terminated may be entitled to recover lost wages and other damages suffered as a result of the termination. In determining whether an employee has been… Continue reading »

Feb
05

Avoid Ambiguity in Compensation Agreements

Several recent cases involving the Massachusetts Wage Act highlight the importance to employers of using clear, written and consistently applied compensation plans. As the cases make clear, the failure to do so can have serious financial repercussions. In a 2007 decision, Okerman v. VA Software Corp., the Appeals Court held that the Wage Act applies… Continue reading »