Understanding options after a job elimination

Q: I have a question and was wondering if someone can help me in answering it.  I was recently told that my position was being eliminated at one of the big four accounting firms.  I was told that they are going to look in another city in the country to staff my position out of.  I was not offered to relocate or to apply for this position but asked to help train my replacement.

I am an employee at will and not sure if this is legal or not, could someone help me in understanding my options?

A: It sounds like you are in an unfortunate situation.  First, I have to make the assumption that you work in Massachusetts.  Employment laws differ between states, and there are significant differences between states with respect to employment at will.

Most employees within the US, and in Massachusetts, are employees at will.  Employees working in an at-will arrangement, do not have an employment contract.  An at-will employment arrangement gives both the employer and the employee the ability to end the employment relationship at any time. In your situation, since you are an at-will employee, your employer can terminate your employment at time.  However, your employer still needs to be careful of other employment laws.

If you are at-will, your employer does not have to find you another role in the US.  They also do not have to offer you relocation.  However, that does not mean you cannot ask about open positions elsewhere and if they would offer any type of relocation assistance.  Although not legally required, I would also ask about severance if you do not remain employed with your company.

Employers still need to exercise caution when terminating employees.  If an employee participated in a protected activity like whistle blowing, and then was terminated, this termination could certainly face legal challenges.  Terminations should also be reviewed to ensure that the termination is not based on an employee’s membership in a protected class (e.g., age, race, color, etc.).  Also, a termination could face legal challenges if the employee was on a job-protected leave or the employee participated in an investigation of a discrimination complaint.

Employees are terminated for a variety of legal business reasons, including a company’s financial performance,  moving a company’s operations, outsourcing a function, or a change in business strategy.  However, a careful analysis should be performed in advance of a employee termination.

For more information about Massachusetts laws and employee terminations, visit http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-subj/about/termination.html

You may contact an employment attorney to review the specific facts around your termination.  One resource that may be helpful is the Massachusetts Bar Association’s Lawyer Referral Services (www.masslawhelp.org).

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section.

New business owner has questions on sick time law

Q: I just started my own business.  I have never owned a small business before.  Some of my employees seem to know more about these laws than I do.  Can you fill me in on this Mass. sick time law that they all seem to be chattering about?

A: In November of 2014, Massachusetts voters passed a ballot question which now requires Massachusetts employers to provide earned sick time to many of their employees.  Some of our clients thought this law was part of the Affordable Care Act (ACA) or “Obamacare,” but it is not.  It is a state law, which only applies to employees whose primary place of employment is in the state of Massachusetts.

The law went into effect on July 1, 2015.  Employers with fewer than 11 employees must offer up to 40 hours of unpaid sick time to employees in a calendar year.  Employers with 11 or more employees must offer up to 40 hours of paid sick time to employees in a calendar year.

Calculating the number of employees an employer has can be tricky though.  According to the law, the employer has to look at the average number of employees the company has maintained on the payroll during the preceding year.  However, full-timers, part-timers, seasonal and temporary employees must all be included in that calculation, which surprises some employers.  Employees furnished by a staffing agency must be counted by both the staffing agency and the employer for the purposes of determining the size of the company for this calculation.

The law also defines when sick time can be used under the law:

1. care for the employee’s child, spouse, parent, or parent of a spouse, who is suffering from a physical or mental illness, injury, or medical condition that requires home care, professional medical diagnosis or care, or preventative medical care;
2. care for the employee’s own physical or mental illness, injury, or medical condition that requires home care, professional medical diagnosis or care, or preventative medical care;
3. attend a routine medical appointment or a routine medical appointment for the employee’s child, spouse, parent, or parent of spouse;
4. address the psychological, physical or legal effects of domestic violence; or
5. travel to and from an appointment, a pharmacy, or other location related to the purpose for which the time was taken.

For more information, including the required workplace poster, visit www.mass.gov/ago/earnedsicktime.  The poster provides a quick overview that could be very helpful to both you and your employees.

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section. 

A new work schedule and the pitfalls of “at-will” employment

Q: In December, our company owner told us there may be changes in our hours and shifts and that he was “figuring it all out” but that our preferences would be heard. Each of us met with him and explained our preferred hours. Last week he sat down with us and told us that as of February 1st our hours would be changing. I currently work 8am to 5pm, which are what I would like to work. I was told that twice per week, I would now need to work until 7pm. Is this legal in Massachusetts? Can an employer just change an employee’s hours to suit their needs with very little warning?

A: In Massachusetts, most employees are “at-will.” This term means that an employee is not a member of a union or protected by a collective bargaining agreement. For non-unionized employees, employers are permitted to change many of the terms and conditions of an employee’s position. For example, an employee may be asked to take on a new task. Or an employer may move from Boston to Needham. A change in hours can be changed by an employer and it is usually legal. Minors have some protection against the hours they can work legally but these restrictions end when an employee turns 18 years old.

I would ask your owner if there is any flexibility in the requirement to work until 7 p.m. twice per week. Maybe it is just for a short time? Or maybe another employee would like to take on this schedule? Many of us are working longer hours, sometimes not by choice. If no alternative exists, I would try it for a while, if possible. Maybe traffic will be lighter and your commute might be quicker? If the later shift does not work for you, you may need to consider other employment options. For example, if you have a childcare pick up at 5:30 p.m., you may not be able to try a later schedule.

I probably have not shared the answer you were hoping to receive. However, it may be worth approaching the business owner, in a respectful way, to determine if there are any other options available.

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section.

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