While some employers elect to offer separating employees some form of severance package, employees are not usually entitled to any severance payment, unless by pre-existing contract. The primary reasons that businesses offer severance packages to departing employees include to: 1) reward them for their services and tenure at the business; and/or 2) in order to obtain a waiver and general…
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Developments in the Dynamic World
of Business and Employment Law
Bennett & Belfort, P.C. partner, David E. Belfort, was recently asked to comment on two separate cases for “Massachusetts Lawyers Weekly” (‘MLW’). One of the cases related to the proof analysis applied to employment discrimination cases under the Federal Rehabilitation Act, and the other focused on a rare large jury verdict secured under the Massachusetts Payment of Wages statute’s retaliation…
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A recent Federal District Court decision in Massachusetts held that Netflix’s “Watch Instantly” web site may be a place of public accommodation under the Americans with Disabilities Act. The lawsuit, National Association of the Deaf v. Netflix, Inc., was filed on behalf of deaf and hearing-impaired individuals who seek a court order compelling Netflix to provide closed captioning for all…
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Bennett & Belfort is pleased to announce that founding partner David E. Belfort has been elected President of the Massachusetts Employment Lawyers Association ("MELA") for the 2012-2013 term. MELA's mission is to enforce and protect the legal rights of employees in a wide variety of employment matters, including: discrimination, retaliation, sexual harassment, unemployment issues and severance, non-competition and confidentiality agreements, and civil…
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A common issue arising in contract disputes relates to which representatives within a corporation (or acting on behalf of a corporation) have the authority to bind the corporation to a contractual obligation. It is well settled that a principal is liable for its agent’s conduct where the agent is acting within his authority or apparent authority. Theo & Sons, Inc.…
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Bennett & Belfort, P.C. attorneys, Todd Bennett and Craig Levey, were successful in obtaining a dismissal of a breach of contract case in Federal Court on behalf of their client, Gregory Daley. The case was highlighted in this week’s “Important Opinions of the Week” section of Lawyer’s Weekly. Attorney Bennett and Attorney Levey were defending Gregory Daley, the franchisee and…
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Under Massachusetts law, public policy dictates that physician non-compete agreements (and other restrictive covenants) should not interfere with a patient’s ability to select a physician of their choice. Accordingly, non-compete agreements that restrict a doctors’ ability to practice medicine are unenforceable. The relevant law is Massachusetts General Laws (M.G.L.), Chapter 112, Section 12X. In recent years, the medical industry has…
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Arbitration is an increasingly popular and often cost-effective way to avoid protracted litigation in court, however whether they are equitabile is subject to great debate. Arbitration provisions are increasingly being considered by employers for inclusion in employment contracts relative to disputes between employers and employees. There is much controversy between worker’s advocates and management lawyers as to whether such provisions are fair…
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