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Author Archives: Eric T. Berkman

Court eases federal counterclaim requirements

The U.S. District Court in Massachusetts could hear both compulsory and permissive counterclaims filed by a telecommunications company in response to a federal suit to block enforcement of a state administrative order, the 1st U.S. Circuit Court of Appeals has found in a case of first impression.

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Employer’s fee request denied

A company that prevailed in a lawsuit brought by its former general counsel could not recoup litigation costs in the absence of a contractual clause, rule or statute specifically providing for that remedy, the 1st U.S. Circuit Court of Appeals has ruled.

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Taxpayer’s ‘disparate treatment’ claim vs. IRS fails

The IRS did not violate due process principles by assessing a federal excise tax against a manufacturer of hydraulic boat trailers but not its competitors, the 1st U.S. Circuit Court of Appeals has found.

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Fired worker is owed unused vacation days

An employer violated the Massachusetts Wage Act when it refused to pay a fired employee for his unused vacation time, the state Supreme Judicial Court has decided. The employer — whose written policy provided that any employee who left on ...

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Employee recovers over personnel-manual breach

An employer that fired a worker without providing the prior warning or suspension called for under the disciplinary policy in its personnel manual violated an implied employment contract, the Massachusetts District Court/BMC Appellate Division has ruled. The plaintiff employee did ...

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Temp agency’s confidentiality agreement struck down (805)

A temp agency could not fire an employee for violating a confidentiality provision that barred him from disclosing to any “other parties” the terms of his employment, the 1st U.S. Circuit Court of Appeals has decided.

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‘Workpapers’ protected from disclosure to IRS

Tax-accrual workpapers prepared by a company to determine how much cash it should reserve in case the IRS disputed its tax returns were protected by the work-product doctrine, the 1st U.S. Circuit Court of Appeals has ruled.

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Sick pay due despite changes to personnel manual

A retiring employee could cash in unused sick time he accumulated before his employer reduced the compensation rate for accrued sick leave, the Massachusetts Appeals Court recently decided.

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