DATE: September 10, 2010

LOWELL- EMD recently filed suit in the Essex County Superior Court against Olympia Sport Center, Inc. (More casually known as the Olympia Sports chain of sporting goods stores) The suit was brought on behalf of one of its former employees who was denied a duty free lunch break while working a ten hour shift. The former employee regularly worked a ten hour shift on Saturdays as a manager. He was told that during his ten hour shift, he was not allowed to leave the store. What’s more, if he wished to take a lunch break during his shift, he needed to do so in the rear storage room and would have to remain on call during his break. When the employee informed corporate management that this policy (a policy that was printed in their employee handbook) violated state law, he was summarily fired. The employee spent one full year unemployed. He eventually found employment in a similar retail position, but for a fraction of his former pay. The employee is now seeking treble damages for a knowing violation of the state employment laws and damages for lost wages for his year of unemployment.

Attorney Matthew Donahue will handle the case which presents questions of wrongful termination, violations of the Massachusetts State Meal Break Law, violations of federal wage laws, lost wages, negligent infliction of emotional distress, and breach of contract. The firm is confident that it has a strong case going forward and is eager to argue the case. Attorney Joseph Jussaume, an associate at the firm, is quoted as saying, “Employment cases are becoming more prevalent during the current time of economic stress. Employers seem eager to let employees go if it will save some money in the long run. The problem is, they are not always doing so for the right or legal reasons. In such cases, it is good to have legal representation to explain your rights and remedy any potential violations.”

EM&D is capable of handling employment matters from both the employer and employee perspective and has decades of experience with such cases. For more information, contact Eno Martin Donahue, LLP, 21 George Street, Lowell, Massachusetts 01852 1-866-848-5585.