Social media and Facebook no-no's for jurors

We are all entitled to a fair and impartial jury.  Due to a recent ruling from the Massachusetts Appeals Court, judges must now tell instruct jurors not to discuss or reference their cases on social media websites like Facebook and Twitter.  The Appeals Court is understandably worried that certain kinds of online postings could lead to a mistrial or an improper verdict. Imagine a juror in a criminal case who posts a message that she has decided the defendant is guilty before hearing all the evidence.  How about the problem that would arise if jurors send each other Facebook messages about how they feel about the credibility of a witness?  Or what they found out about a witness doing Internet research? 

At the beginning of each trial, the judge cautions the jury to keep an open mind. The judge alerts the jurors that they should not read about the case or form an opinion based on anything other than the evidence they hear in the courtroom.  This instruction is given again at the beginning and end of each day of the trial.  The judge will even ask if any of the jurors talked about the case outside of the court room or read anything about the case.  Extending this instruction to social media is a common sense recognition of new forms of communication. 

Right to speedy trial for older workers in Massachusetts

If any party to a civil action is 65 years old or older when the lawsuit is filed, or turns 65 during the pendency of the lawsuit, the Court must grant a motion for a speedy trial so that the case can be heard and decided with as little delay as possible.  For older employees with claims based on age discrimination or the employer's failure to pay you earned wages or commissions, this is a tool you can use to get your case moved to the top of the court's list. Otherwise, you could wait 3 years for a trial date. The sooner you get a trial date, the sooner the other party will think about settlement, or it will go to a jury.  The statute that grants this right is Massachusetts General Laws chapter 231, section 59F.

Right to speedy trial for failure to pay wages and commissions.

I  represent employees whose employers did not pay them owed wages and commissions.  Massachusetts has a Wage Act that compels the employer to pay treble damages and attorneys' fees for the employee upon a finding for the employee.  One problem is expediting the claim so the client does not have to wait the typical 2-3 years it takes to get a trial date.  At the conference I attended last week, one of the panelists suggested filing with the court a request for a speedy trial under Massachusetts General Law chapter 231, section 59A.  This law requires a speedy trial "if the court finds that the plaintiff seeks to recover solely for his personal labor."  The word "solely" could be a roadblock if the employee has more than just a Wage Act claim, like another count for defamation against the employer.  Still, it's a strategy worth considering.

Upcoming conference

Looking forward to Thursday's Mass Bar Association presentation in Randolph for General Practice, Solo, and Small Firm Practice. Good topics like developing new business models and judge's insights on negotiation, mediation and arbitration.  I will report back later on new insights.  

Frequently asked Massachusetts unemployment benefits questions

The Division of Unemployment Assistance (DUA) is part of the Massachusetts Department of Labor and Workforce Development.  The Department has a user friendly website with answers to frequently asked questions by employees and employers that I highly recommend.  Check it out: http://www.mass.gov/lwd/unemployment-insur/resources/questions-and-answers/claimants/

Doctors and non-compete agreements in Massachusetts

In Massachusetts, employers cannot enforce non-competition agreements against practicing physicians.  So, a doctor can continue to practice in any geographic area for any period of time after the termination of a partnership, employment or professional relationship. Even if the doctor signed a partnership or employment agreement with a non-compete clause, that clause is considered void and unenforceable.  The Massachusetts Legislature decided that the public's ability to seek medical treatment trumps any business interest that would restrain a doctor from helping patients.

Important changes to CORI law in Massachusetts

The Criminal Offender Record Information (CORI) system allows certain employers to obtain the criminal record information for applicants, employees, and volunteers. Employers who are required to do CORI checks should be aware of important new changes to this law, effective May 4, 2012.

(1) The employer must certify that the CORI subject authorized the employer to do the CORI check: Employers must certify that the CORI subject has signed an acknowledgement form authorizing the employer to obtain criminal record information. Employers must certify that they verified the identity of the CORI subject with a form of government-issued identification. Employers must maintain acknowledgement forms for one year from the date of the request.

(2) Use of CORI in employment decisions: First, employers may not secretly reject applicants based on criminal history information. The employer must notify the applicant the CORI result is the reason for the rejection. Second, the employer must give the applicant a copy of the CORI documents the employer has accessed before asking the applicant about his/her record. An employer who fails to do so may face an investigation and penalties by the CORI board.

(3) Limitations on the employers’ distribution of CORI: Employers may only share CORI information with those people in the employer’s organization that have a legitimate need to know. Employers must maintain a log for one year following the dissemination of CORI documents. The log must include the name of the CORI subject, his/her date of birth, the date of dissemination, the name of the person who received the CORI, and the reason the employer distributed the CORI