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Unsigned agreement binds former employee

Reaching agreement

An employer’s arbitration award of $11,000 for damages and $50,000 in attorneys’ fees and costs in a case against a former employee has been upheld by a state appellate court. The former employee, James Gail, was the clinical director for ...

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Retaliation case against Wayfair revived

Wayfair is expected to face trial on a former employee’s claim of retaliation, following a ruling issued by a federal appeals court in the case of Forsythe v. Wayfair. The employee claimed that Wayfair terminated her after she made allegations ...

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Mass. SJC holds firing over personnel file rebuttal unlawful

An at-will employee who was fired when he filed a rebuttal letter for inclusion in his personnel file after being placed on a performance improvement plan could bring a wrongful discharge claim, the Massachusetts Supreme Judicial Court ruled in reversing ...

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Sex bias claims permissible under Titles IV, IX

A federal judge has found that a Lesley University employee could bring sex bias claims against the Boston school under both Title VII and Title IX. Plaintiff Micki Harrington claimed in her lawsuit that she was subjected to sexual harassment ...

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1st Circuit upholds ERISA plan’s self-reported symptom limit

The administrator of a benefits plan governed by the Employee Retirement Income Security Act could apply a self-reported symptoms limitation to terminate the long-term disability benefits of a plaintiff who suffers from Chronic Fatigue Syndrome and fibromyalgia, the 1st U.S. ...

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Tight job market puts law firms in scramble for talent

Law firms and corporate legal departments in Massachusetts are facing headwinds trying to find the qualified attorneys they need to fill open positions. Kenneth J. Albano, managing partner of Springfield-based Bacon Wilson, touts the success of the firm’s 100 attorneys ...

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All eyes on how far law goes on personnel files

After hearing arguments in Meehan v. Medical Information Technology, Inc. on Nov. 1, the Supreme Judicial Court in Massachusetts will have an opportunity to clarify whether an employee’s exercise of his rights under the state’s Personnel Records Act can serve ...

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Noncompete unenforceable for inadequate consideration

A U.S. District Court decision voiding a noncompete under the Massachusetts Noncompetition Agreement Act provides a “glimmer of hope” for lawyers who have been awaiting guidance on how judges will interpret the 2018 statute, attorneys say. The MNAA, G.L.c. 149, ...

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Judge: plaintiff states claim in business interruption suit

In what may be Rhode Island’s first ruling in a business interruption insurance coverage dispute prompted by COVID-19 shutdowns, a Providence adult entertainment venue has had mixed success in surviving a defendant insurer’s motion to dismiss. Superior Court Judge Brian ...

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1st Circuit tightens lid on investor suits

Securities fraud litigators view a recent decision from the 1st U.S. Circuit Court of Appeals as reducing the odds of investors being able to recover on claims that a company violated federal law by failing to disclose known risks to ...

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