What Damages Can You Get for Late or Unpaid Wages?
Mandatory Triple Damages and Attorney's Fees Under the Massachusetts Wage ActThe Massachusetts Wage Act provides for mandatory triple damages and reimbursement of attorneys fees. This means if you prove that you were owed money, the court is required to order the employer to pay three times that amount, and to reimburse any attorneys' fees the court deems reasonable.
Until recently, employers could avoid triple damages by paying the amount owed before a complaint was filed. A recent Supreme Judicial Court decision, however, has changed that, by holding that the employer is subject to this penalty even if they correct their mistake shortly after the payment was due. By way of example, if you are owed $1,000 at termination and your employer pays that to you late, you are entitled not only to that $1,000, but also an additional $2,000 to bring the total to three times the late paid amount. This applies to the final paycheck on termination or resignation, as well as to delayed payment of regular payroll checks during employment. Learn more here about damages under the Massachusetts Wage Act. |
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Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, been interviewed by the Massachusetts Superlawyers magazine about non compete agreements, and written an op-ed in the New York Times about the dangers of non competes. Along with the rest of the slnlaw team, she has helped hundreds of clients navigate, negotiate, or defend against their non compete agreements.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped many clients understand and evaluate their non compete agreements and develop strategies for defending against non compete enforcement and negotiating resolution.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna works with employers to develop reasonable and enforceable employee agreements, including non competes. She has also helped employees understand and evaluate their non compete agreements and develop strategies for defending against non compete enforcement and negotiating resolution.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients both evaluate and negotiate their non compete agreements, and defended non compete claims in state and federal courts.
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