What is Retaliation Under Massachusetts Employment Law

Pursuant to Massachusetts law, the word retaliation is defined as; an employer taking and adverse action against an employee as a result of the employee conducting some form of protected activity. Retaliation is a separate claim from discrimination, it can be found in Massachusetts General Laws in chapter 151B. The word retaliation is not actually used in the law however the courts commonly use the word as shorthand for the word antidiscrimination statutes. The laws against retaliation allows for liability against individuals and not just employers. Under Massachusetts Law 151B there are two different subsections that prohibit unlawful retaliation and they are §4(4) and §4(4A). §4(4) states; "for any person, employer labor organization, or employment agency to discharge, expel or otherwise discriminate against any person because he has opposed any practices forbidden under this chapter or because he has filed a complaint, testified, assisted in any proceeding under section five of MGL 151B §4(4)." MGL 151B §4(4A) states that; "for any person to coerce, intimidate, threaten or interfere with another person in the exercise or enjoyment of any right granted or protected by this chapter, or to coerce, intimidate, threaten or interfere with such other person for having aided or encouraged any other person in the exercise or enjoyment of any such right." Under Mass Practice Section 8.30 it states that in order to establish a case of retaliation, the plaintiff must show that he/she engaged in legally protected conduct and that he/she suffered an adverse employment action, and that a causal connection existed between the legally protected conduct and the adverse employment action. In order for one to succeed in a relation claim they must show the following; The plaintiff must prove that he reasonably and in good faith believed that his employer engaged in wrongful discrimination. That he acted reasonably in response to this belief That the employer's desire to retaliate against was his determinative factor in taking an adverse employment action. In order for the plaintiff to prove the first prong of their retaliation case they must show that they engaged in an act protected under chapter 151B section 4(4), and those who have opposed any practice forbidden under MGL c. 151B and those who file complaints or assist in any proceedings before the MCAD (Massachusetts Commission Against Discrimination) these are known as the "opposition" and "participation" clauses. The application of the opposition clause and can prove to be tricky because the employee must allege that the retaliatory conduct was due to the employee's opposition to practices forbidden under MGL c. 151B. The participation clause refers to MCAD proceedings and c.151B doesn't cover participation in internal investigations of discrimination unless the participation amounts to the protected opposition, such as aiding, or encouraging another employee in the exercise of that employee's rights. The forgoing article was written by Ashley Grudon for the Law Office of Goldstein and Clegg, a Massachusetts civil litigation law firm. Article Source: http://EzineArticles.com/?expert=Ashley_Gurdon

Massachusetts Heating Laws - What Are Your Rights As a Tenant?

In case you haven't been outside for the past couple of weeks, we're here to let you know it's been getting colder out there. Of course, that brings up a handful of issues, the least of which is how nice you look in you're winter coat. We've heard all sorts of questions about Massachusetts heating laws and Boston regulations regarding utility services. These can range from "When does my landlord have to turn on the heat?" to "I'm having trouble affording oil for my home, what can I do?". We're here to answer these questions and hopefully some more... The first thing we're going to do is go over the Massachusetts state code so you know what is due to you by your landlord: Heat - Your landlord must provide and maintain a heating system in good order. Every room must be heated to a temperature of at least 68 degrees Fahrenheit between the hours of 7:00 a.m. and 11:00 p.m. and 64 degrees Fahrenheit between 11:01 p.m. and 6:59 a.m. unless the tenant is required to supply the fuel under a written lease agreement. The heating season for these standards runs from September 16th to June 14th. Hot Water - Your landlord must provide and maintain a hot water system capable of heating and supplying hot water at a temperature between 110 degrees Fahrenheit and 130 degrees Fahrenheit in a quantity and pressure sufficient to satisfy the ordinary use of all plumbing fixtures. Exceptions to these standards are made when the tenant is required to provide fuel for the operation of the hot water system under the written lease. So what do you do if these conditions aren't being met in your apartment? Let us tell you... If you feel that your landlord is not adhering to the Massachusetts heating laws, your first move should be to contact the landlord and let them know that a problem exists. Sometimes it's just a simple problem that the landlord can fix easily and any reputable landlord would do so immediately. Every once in a while though, you might have to take further steps if your landlord is less than helpful. In this case, contact the local health board and request an inspection of your home. Don't worry, it is against the law for the landlord to retaliate against a tenant for requesting an inspection of their property. An inspector will make an appointment with you to check the premises. Be sure to let them know exactly what the problem is. If the inspector finds a violation, they will write up a report, which will be filed with the city. You will also get a copy of this report as will the landlord. They will also draw up legal notice to the landlord to fix the issue within a set amount of time. Usually this fixes any heating problems you might have quickly, but in the event that it doesn't there are legal repercussions such as damages paid to the tenant and heavy fees on the landlord from the city. What if, however, you pay for your own heat but are finding it hard to cover the bill? There's no reason to feel self-conscious, heating fuel is expensive and the economy isn't exactly flourishing at the moment. Thankfully Massachusetts provides the Low Income Home Energy Assistance Program (LIHEAP) just for this case. The program provides help with heating bills based on household income and size. LIHEAP runs between November 1st and April 30th. Hopefully we've answered any questions you might have had about Massachusetts heating laws. If you have any further questions about MA or Boston heating laws, be sure stop by All Access Boston's blog and leave a comment. Stay warm and enjoy the winter! This article is brought to you by Dave Monheit of All Access Boston LLC. http://www.allaccessboston.com is starting a new revolution in Boston apartment rentals by offering its client a far more sleek virtual tour of what apartments are available to them. We strive to bring you the best products and make your apartment search as easy as possible. Our website allows visitors to search by proximity to their Boston school, MBTA line, or desired towns. We have advanced descriptions and mapping software that allows the client to really get a feel for what is available to them. Finding a Boston rental has never been so simple whether it be downtown Boston or one of the city's surrounding suburbs. We even provide descriptions of each neighborhood, the forms necessary to apply for an apartment, and even links to the local utility companies all from the comfort of your computer chair. Visit http://www.allaccessboston.com today to see what a difference we can make in your apartment search! Article Source: http://EzineArticles.com/?expert=Dave_Monheit