Legal trouble -Labor laws Opinions needed

[Chewbacca]

My employer has violated several state Labor Laws and possibly the civil rights act concerning religious discrimination. The labor law website directs people to contact the Attorney General to file a complaint.

I wonder if I should see a lawyer first. Do I need or want a lawyer this early in the case? I can't sue in civil court til 90s after the AG rules on my complaint and I can't afford legal fees out of pocket.

Also, How do I find a good lawyer?

Any insight would be great, I've never been in a situation like this.

[Chewbacca]

BTW Link to get to the heart of the issue for those who care:
http://www.mass.gov/dos/bluelaw/

Check line A2

2. Voluntariness of Employment Regardless of the number of employees, retailers cannot require employees to work on Sunday, and an employee's refusal to work may not be grounds for discrimination, dismissal, discharge, reduction in hours, or any other penalty.

I have in writing a threat of termination if I don't work on Sundays written by my supervisor and approved by his.

I raging pissed and can't let go! My boss has stabbed me in the back because he has a crush on the other young female supervisor and he routinely gives her all weekends off! He wrote me up for being "unrpofessional" (ie. angry) after he falsely claimed I was inflexible and had poor availablity. I didn't even cuss him out!

Truly, I am available 6 days a week with an exemplary record. That 1 day I cannot work regularly is Sunday- for extremely personal reasons which include special time for spiritual growth and other activities which no other day and time permits.

There- I vented. It feels good. Yes. Thanks.

[shamrock_uk]

Sorry to hear of your situation man.

At the risk of stating the obvious - have you shown him a copy of the law? He may not realise he's actually behaving illegally?

I speak with absolutely no authority in this, but my gut feeling would be to get a lawyer before taking this further - the law is bloody strange at times and the amount of bizarre verdicts I've heard about what seem open and shut cases to me suggest it might be wise to get a professional opinion before you waste a lot of time.

Re. the cost, can you not apply for legal aid in the States?

[Sir Degrader]

Well, cussing out your boss is NEVER a good idea. Unless you have an AR-15 next to you (Note: Don't do it). Also, you should probably see a lawyer.

[Chewbacca]

Yeah finding a lawyer is kinda daunting. I called a few in the yellow pages and was informed they don't take that kind of case. I'm going to shop around more tomorrow.

I'm also going to make a recon call to the State Labor to get a feel of what filing a complaint entails.

I'm on the fence whether I should contact my corporate human resources department before going all Legal-Eagle.

[Sir Degrader]

Talk to human resources first, THEN go shopping.

[Bungleau]

I'd drop a receipt-registered note to HR. I'd include a copy of the notice you received along with a copy of the relevant part of the Massachussetts laws and let them know that your next step is to talk to the attorney general's office. Ask them how they'd like to handle it.

The registered receipt is important to prove that they've received it.

And needless to say, be on your best behavior during the process and afterward. *Someone* will be looking for any excuse...

Remember the words of Patrick Swayze in Road House... "Your job is to be nice. They hit you -- escort them out and be nice. Until it's time not to be nice...."

Slightly paraphrased, but still useful.

[sageridder]

Well from your link the section M.G.L. Chapter 136, §6 of exceptions to the blue laws I don't know what I'd do.Some of the exceptions were so convoluted and potentionally broad reaching I'm really not sure what a couple of them were really saying.I think I might start by calling the phone number at the bottom of your link to get a feel of wheither you have a case or not.One thing for sure if you do have a case the letter threating you to be fired if you don't work sundays is your strongest evidence and would help to protect you from them later saying you were fired for some other reason, I would also hold onto any evaluations you were given to help shield you from being fired down the road for some bs reason.

[ 10-27-2005, 01:13 AM: Message edited by: sageridder ]

[machinehead]

Massachusetts is an "at will" employment state, meaning you can be fired for any reason or no reason at all. Until you have everything well documented I would be very careful Chewie.

[Chewbacca]

#50 paragraph 2 of those exceptions mentions the Sunday Voluntarly Labor. I find it fairly explicit that if a retail establishment can open on Sunday, they can't make work. I am seeking an authoritive opinion because you never now what some lawyer hid in there for other lawyers to find.

BTW here is the link & tex oft #50 Paragraph 2:

http://www.mass.gov/legis/laws/mgl/136-6.htm Any store or shop which qualifies for exemption under this clause or under clause (25) or clause (27) and which employs more than a total of seven persons, including the proprietor, on Sunday or any day throughout the week, shall compensate all employees engaged in the work performed on Sunday pursuant to the provisions of this clause, or clause (25) or clause (27), excepting those bona fide executive or administrative or professional persons earning more than two hundred dollars a week, at a rate not less than one and one-half times the employee's regular rate. No employee engaged in work subject to the provisions of this clause shall be required to perform such work, and refusal to work for any retail establishment on Sunday shall not be grounds for discrimination, dismissal, discharge, reduction in hours, or any other penalty. The provisions of this paragraph shall be enforced by the office of the attorney general. The provisions of section one hundred and eighty A of chapter one hundred and forty-nine shall apply to any violation of this paragraph.