I am a small business owner, and I am lucky to have many friends and clients who own their own businesses. I have found that regardless of the backgrounds of these friends and clients, the size of their businesses, or their industries, that a common theme exists: a lack of awareness of potential legal pitfalls that employers can face if they aren’t being proactive. This is not to fault my friends and clients. Heck, I’ve even guided fellow attorneys as to employment matters. Here is a non-exhaustive list of things that should be on your legal...

The highest state court in Massachusetts (Supreme Judicial Court, or “SJC”) decided this week that an employee who has lawfully used marijuana for medical purposes cannot be subject to any adverse action against her by her employer because of her use of marijuana. This is kind of a big deal, given the number of employers who include marijuana as a no-go in their workplace drug policies. This doesn’t mean blanket protection against getting fired after you’ve been smoking weed or ingesting edibles, though. To understand exactly who this...

In reinforcement of our image as lawyers to self-adulate and cock-a-doodle-doo our talents and prowesses, lawyers have the benefit of an annual glitzy magazine called Super Lawyers.  Yes, once a year, we self-designate ourselves (for our regional Super Lawyers group, nearly all with Boston offices) “SUPER,” and proudly publish pretty color ads accompanied by press releases to our home town media. Dare I ask if there is any difference between this publication and the pictures of the lawyer guys and gals whose faces are known to us from full...

It’s the summer vacation season, so the following scenario may sound familiar to you… You’re standing at a car rental counter in the airport. You’ve just touched down after hours of flying to your week-long vacation in paradise. You’re tired, and you can’t wait to get to the hotel, drink a cold one, and hit the beach. The person behind the counter asks, “Do you want insurance with the car rental?” You freeze. You break into a cold sweat. And, you have no idea what to do. To insure, or not to insure. That is the question. The answer depends on...

Try to tuck this away in your memory bank with a trigger on it to leap back to the top of your dome the next time you enter into an agreement. Whether it is a lease, a purchase agreement, a loan, an employment agreement – any type of contract. I’m going to let you in on some glaring terms to look out for and try to either renegotiate or avoid (or, if you are savvy, maybe try to get some of these in to benefit you) to avoid getting totally rocked should you end up in litigation. ATTORNEYS’ FEES. In the US, each person is responsible for her...

The law of defamation is of growing importance in the area of employment law. Suits brought by employees against employers now account for one third of all defamation actions. For decades, the courts have tried to balance employees’ need for legal redress when employers disparage their reputations, with employers’ need for the free exchange of information. The law is clear on what is required to prove a defamation claim against an employer. In a nutshell, defamation is a false and unflattering statement about an individual that is...