Articles Tagged with Employment Attorney

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There are many questions to be asked when your employment ends, whether that be through a termination, lay-off, or your resignation. One such question is when will you receive your final paycheck, and how much will you be compensated for in that check? Below I briefly outline what you are entitled to, and when you should receive it, pursuant to Massachusetts wage laws.

First off, unless you have a golden-parachute clause in your employment contract, an employer is not required to provide you a severance payment. Even if other employees have received severance or you had worked for the company for a decade, Massachusetts law does not require a company make a severance payment.

The next question is “when will my former employer pay me my last paycheck.” Massachusetts law is clear; if you were terminated or laid-off, you are owed your last paycheck on the same day, if you quit, you are owed your final paycheck by the next regularly scheduled payday. To reiterate, if you are not paid your last paycheck on the day of your termination, your employer has violated Massachusetts wage laws. If your employer is late in providing you your final paycheck, or it is not for your full wages, you should contact an employment attorney at Keches Law Group.

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by Claudine A. Cloutier

It may seem strange to see “Use Your Cell Phones” on an attorney’s blog when we repeatedly hear about the dangers of distracted driving due to cell phone use.  There’s no doubt that using your phone to text or talk when you should be focusing on the road can distract you and lead to tragic consequences.

But another more positive impact that widespread use of cell phones has had on personal injury claims is that almost everyone is carrying around a camera —- all the time.  More and more frequently an injured person or a witness has the abililty to photograph the accident scene immediately after the incident has occurred.

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By Erica L. Pereira, Esq.

In the realm of personal injury claims, once a lawsuit is filed, there are a number of settlement funding companies out there who will advance the funds of the settlement in order to be paid back once an actual settlement is received.  This may seem like a perfect scenario: Get your money now and just pay the funding company back once the case is resolved.  The implications of settlement advancement however are great and every client or potential client needs to know of the serious consequences of getting an advance of your potential settlement.

Many times, this pre-settlement funding is called “non-recourse” funding, in that the borrower does not have to repay the funds that are borrowed unless a settlement is received.  This seems enticing to some clients because there seems to be little downside to borrowing since you don’t have to pay back the advance unless you have the money to pay it back.  Win-Win right?

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by Kevin P. DeMello, esq.

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When a client has medicare that pays for all or part of their medical bills relating to a personal injury case, there are a host of special issues to deal with. Even if a client does not have medicare, but qualifies for social security disability due to an injury, Medicare issues arise if there is the potential for future medical treatment relating to a personal injury.

The basic theory behind the Federal law regarding Medicare in personal injury cases is that Medicare should not have to pay for medical treatment when a person gets compensation for that treatment in a personal injury settlement. Although this seems fair in theory, in reality the Medicare Secondary Payer Act creates all kinds of difficulties that can trap the unwary. In particular, when a claimant has Medicare coverage, there is a requirement that both the claimant and the insurance carrier report any potential personal injury claim to Medicare. Medicare then has the right to demand part of the proceeds in reimbursement of any payments that it has made towards medical bills that relate to the case. This process can take months, and should be initiated very early in the claim process. Often times, Medicare tries to claim reimbursement for unrelated medical bills, and this can create all kinds of delays in settlement.

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by Kevin P. DeMello, esq.

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When someone has a potentially disabling workplace injury, there’s a difficult labyrinth of legal issues to navigate. Most people soon learn that following a workplace injury, there is typically workers compensation coverage available to pay for medical bills and some percentage of lost wages. However, right from the start, things get complicated. How much are you entitled to? How do the medical bills get processed, and what about co-payments and medications? The answers to these questions are often unique to your particular situation.

If your injury is permanently disabling, meaning that you are disabled from any type of gainful employment due to your injuries, you may be eligible for Social Security Disability Insurance, or SSDI. Often times people do not realize that SSDI is available until their doctor suggests it. However, if you are receiving workers compensation benefits, any SSDI benefits you are entitled to are typically offset by the amount of your workers compensation benefits. There are strategies that a good workers compensation attorney can use to reduce this offset and maximize your potential benefits, but these strategies vary from case to case.

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