I'm supposed to go to my SSDI hearing next week before an administrative law judge and I'm getting very nervou....
You didn't say if you have an attorney or not. If you do not, yo....
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5/17/2012 06:49 by TinaW |
I'm thinking about filing bankruptcy but my situation is so bad that I'm worried about not be able to recover ....
I've just consulted my crystal ball and the answer is . . . . &nb....
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5/16/2012 07:31 by Tarrant |
I am breaking a lease and will be moving out May 31st instead of August 31st, we have found a new tenant to mo....
What if it has been filled and a new tenant has signed a lease but the....
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5/15/2012 08:11 by eeanniello |
I have a Ford Focus 2000, I purchased it from a dealership in 2011, one in which I thought was reputable, but ....
Given the length of time that has elapsed, this is probably not a situ....
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5/14/2012 17:02 by MattRidge |
I work for a privately owned corporation which is headquartered out of state. I was transfered here from anoth....
Assuming you do not have a contract, as an at-will employee you still ....
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5/14/2012 14:05 by Molliemiu |
My brother is the power of attorney for my elderly mother. She is demented and often confused about her finan....
Yes, nothing to worry about. The terms Power of Attorney and Att....
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5/14/2012 06:51 by AABates |
I was driving in Boston during rush hour and I hit a guy who was listening to an ipod with earplugs. He walke....
Apparently, this is a huge problem, especially among young men. ....
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5/13/2012 07:23 by Worried4 |
Are there differences in these charges or is it combined together?
Assault and Assault & Battery are two separate crimes. (1) An assa....
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5/11/2012 16:28 by taylowe |
I'm not finding the answer to my questions on the web, because my situation is unusual: I had a baby when I wa....
Gerome,
The social security benefit the daughter receives on your ....
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5/10/2012 17:14 by gerometry |
Hello. In Massachusetts let’s say I’m paying say $8,000 a year in Child Support to 23. Under the agreemen....
If your Agreement says you should pay child support until the child is....
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5/4/2012 22:18 by divorced_with_children |
Several of my colleagues will dictate consultation notes in which they state they don't have the complete hist....
The question probably boils down to whether or not such practice is wi....
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10/2/2011 18:37 by Anonymous |
Employee handbook as implied contract
Yes, under Massachusetts case law, in some cases an employee manual may create an implied contract that gives the employee certain rights she may not have otherwise had in a classic at will employment situation. But to answer your question, there is no hard and fast rule about this issue, and all cases will likely be decided based on the specific terms in the handbook or manual and the unique circumstances of the employment.
In Buttrick v. Intercity Alarms, LLC (2009), the Supreme Judicial Court of Massachusetts laid out some factors that a court my use to determine that an employee handbook or employment manual does NOT constitute an implied contract: "1) the employer retained the right to modify unilaterally the manual’s terms; (2) the manual provided that it was for “guidance” as to the employer’s policies; (3) there was no negotiation between the employer and the employee regarding the terms of the manual; (4) the manual stated no term of employment; (5) the employer called no special attention to the manual; and (6) the employee did not sign or manifest his assent to the manual or acknowledge that he understood its terms." The Court went on to reaffirm the reasoning of an earlier decision in which it stated that the key issue is “whether an employee would reasonably conclude that the employer was presenting the manual as a statement of the conditions under which employment could continue.”
Hope all that helps. In an actual employment dispute, you best option may be to discuss the specifics of your case with a Massachusetts employment law attorney.