Employment Law

Attorney Deb Pearson represents individuals who have been victims of employment discrimination.

Definition of Employment Discrimination:

Labor market discrimination is defined as the …..differential (not different) treatment of two equally qualified  individuals based on race, color, religion, national origin, ancestry, sex, gender identity, age, criminal record (inquiries only), handicap, mental illness, retaliation, sexual harassment, sexual orientation, active military personnel, and genetics.  Employers also have an affirmative responsibility to provide parental leave to biological and adoptive parents.

Discrimination is the main source of inequality in the labor market and is seen in the persistent gender and racial earnings disparity in the U.S. For example, the economist Deborah Figart [1997] defines labor market discrimination as “a multi-dimensional interaction of economic, social, political, and cultural forces in both the workplace and the family, resulting in different outcomes involving pay, employment, and status”. That is, discrimination is not only about measurable outcomes but also about unquantifiable consequences. It is important to note that the process is as important as the outcomes.

Unfair Labor Practices

It is illegal to improperly classify employees as exempt from overtime when their job function does not warrant the exemption or to classify an employee as an independent contractor when they are actually performing their duties as an employee of their company.


Unfair Termination

It is illegal to retaliate against and or terminate an employee for notifying their employer of illegal practices within the workplace.

What is Unemployment Compensation

Unemployment insurance provides workers, whose jobs have been terminated through no fault of their own, monetary payments for a given period of time or until they find a new job. Unemployment payments are intended to provide an unemployed worker time to find a new job equivalent to the one lost without financial distress. Without employment compensation, many workers would be forced to take jobs for which they were overqualified or end up on welfare.

Have You Been Denied Unemployment Compensation?

Has your unemployment claim been denied? Massachusetts law provides you with the right to appeal the initial decision that denied you unemployment benefits. The DUA will hold a hearing allowing you to testify for the purpose of presenting relevant testimony and documentations supporting your case. Do not talk to the DUA alone without expert advice. Schedule a review of your case with Attorney Pearson today.

What makes a termination wrongful?

The term “wrongful termination” means that an employer has fired or laid off an employee for illegal reasons in the eyes of the law. Illegal reasons for termination include:

      • Firing in violation of federal and state anti-discrimination laws;
      • Firing as a form of sexual harassment;
      • Firing in violation of oral and written employment agreements;
      • Firing in violation of labor laws, including collective bargaining laws; and
      • Firing in retaliation for the employee’s having filed a complaint or claim against the employer.

Some of these violations carry statutory penalties, while others will result in the employer’s payment of damages based on the terminated employee’s lost wages and other expenses. Certain wrongful termination cases may raise the possibility that the employer pay punitive damages to the terminated employee, while other cases may carry the prospect of holding more than one wrongdoer responsible for damages.