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Wage Act Violation: Unpaid Work During COVID Furlough

Independent Contractor Physician
Nathan worked as a consulting engineer for a cloud storage company.  When the pandemic hit, he and his team were furloughed, like many other employees.

He and his team, however, were explicitly asked to continue to work off-site.  They were told that they needed to continue maintaining and updating code for customer use even while on furlough.

When they asked why they should continue to work without pay, they were told it was so that they would "have a place to come back to" when the shutdown ended.  They were also told not to tell customers that they were on furlough.

Nathan and his team did as instructed, and continued to work for a little over two months.  At that point, instead of recalling Nathan and his colleagues from furlough, the company announced that it was laying them all off.  

In addition to the unpaid working time, Nathan was not paid for a little over three weeks of vacation that he had accrued but not used at the time of his termination.  The company offered him a severance package that did not come close to the amount of his owed wages, which he declined.

Wage Act Solution

When Nathan came to us, we were still mid-pandemic.  In addition to not being paid for his work over the prior months, he had lost the ability during that window to pursue alternate employment.  

We filed a claim under the Massachusetts Wage Act, and engaged in written discovery.  Documents produced by the company completely supported Nathan's claim that they had been providing services throughout the furlough, and that it was at the direction of the company.

We were able to reach a settlement that adequately compensated Nathan for the wages and vacation time he was owed.

Need Help With a Claim for Unpaid Wages?

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Postscript

Nathan was able not only to secure compensation for his work, but also to hold the company accountable for taking advantage of the COVID furlough to try to get free work out of its employees.

If you are ever asked to work without pay, remember that the Massachusetts Wage Act and minimum wage laws are there for your protection.  An experienced employment attorney can help you understand your rights and your options in that situation.

How We Can Help

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We have years of experience helping people with wage and hour issues, and we would be happy to help. You can use the button below to schedule a call back from a member of our team, or give us a call at  781-784-2322.
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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws >
      • Overtime Law >
        • Overtime Exemptions
        • Employee Travel Time
        • Federal or State Overtime Law
      • Massachusetts Wage Act >
        • Payment of Commissions
        • Wage Deductions
        • Late Payment of Wages
        • Paid Time Off
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog