Tags: employment law, FMLA, mcad, scott connolly
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In a recent Mass Lawyers Weekly article “MCAD: duty of employer extends past FMLA period“, employment attorney Scott Connolly discusses employer responsibility under the FMLA, as it relates to a recent decision of the Massachusetts Commission Against Discrimination (MCAD).
The decision in M.C.A.D & LaPete v. Country Bank for Savings supports developing case law that a disabled employee may be unable to communicate effectively, requiring the employer to know when they must engage in an interactive process if the employee has asked for accommodation of their leave. Connolly explains the development of the law in this area and describes best practices for complying with the requirements of leave and disability laws.
“As of about 10 years ago, it was common practice for employers to insert firm cutoff dates for leave into their employee handbooks. As the law has developed, however, it has become clear that such arbitrary end dates will not withstand legal scrutiny.”
For more insight into employer responsibility when dealing with employee leave, read the full article: Family medical leave return to work.
You may also be interested in: Five Employment Law Traps for CFOs
Tags: mcad, MCLE, proving damages, trial experts, valuing damages
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On Friday, February 28, 2014, MBBP Employment Attorney Scott Connolly served as a panel speaker at the Massachusetts Continuing Legal Education’s (MCLE) annual seminar on Proving & Valuing Damages in Employment Cases. Among the topics Scott covered from the defense perspective were whether and how to effectively use financial experts at trial, ways for defendants to avoid/minimize punitive damages, limiting emotional distress damages, and whether unemployment benefits should be deducted from back-pay awards. Other members of the distinguished panel were Honorable Peter M. Lauriat, Superior Court Justice, Eugenia M. Guastaferri, Senior Hearing Officer at the Massachusetts Commission Against Discrimination and employee-side advocates Inga S. Bernstein and David E. Belfort. Scott defends clients from employment-related lawsuits before state and federal courts and agencies.
Please feel free to contact Scott with any questions.
Massachusetts Supreme Judicial Court Upholds Right to Enforce Employment Arbitration Agreements 09/16/2011Posted by Morse Barnes-Brown Pendleton in Attorney News, Employment, Legal Developments, MBBP news, New Resources.
Tags: arbitration agreements, mcad, supreme court
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MBBP Employment Attorney Bob Shea has written an article titled “Massachusetts Supreme Judicial Court Upholds Right to Enforce Employment Arbitration Agreements“. The article discusses a recent decision by the Massachusetts Supreme Judicial Cuort (“SJC”), Joulé, Inc. v. Simmons, 459 Mass. 88 (2011), in which the SJC upheld an employer’s right to compel an employee to arbitrate her gender and pregnancy discrimination claims while the Massachusetts Commission Against Discrimination (“MCAD”) processed her complaint. In so doing, the SJC refused to give the MCAD primary jurisdiction over the claims and instead ruled that, assuming the arbitration agreement was valid, the employer was entitled to proceed with arbitration of the dispute. The article analyzes the SJC’s rulings and the practical implications for employers.
To read the full article, please visit our employment resources page.