Understanding Common Legal Terms
Taking the first step to consult with an attorney about a legal issue can feel overwhelming, especially if you’re new to the legal world. Not only are you seeking guidance on matters you’d likely rather not be facing, but you’re also navigating unfamiliar terminology and processes that attorneys have spent years mastering. Our attorneys at Massachusetts Employment Lawyers will help you navigate this territory.
If you are entirely unfamiliar with the legal process, you might think that every legal issue begins and ends with a lawsuit. However, there are a number of avenues to pursue legal action in a prelitigation (that is, without filing a lawsuit proper), some of which are required steps that you need to take before actually filing suit. Below, we will focus on common workplace and employment-related terms, processes, and legal entities:
- Statute of Limitations: Thestatute of limitations refers to the time period within which a legal action or claim can be brought forward to a court or administrative agency after the alleged event occurs, or in certain cases, after the harmed party becomes aware of the event. Once this time limit expires, the claim is typically no longer enforceable, and the court will likely refuse to hear the case. The length of the statute of limitations varies depending on the type of claim. Working with an attorney allows you to make informed decisions and ensures that key deadlines are met.
- Demand Letter: A demand letter is a formal written request outlining the legal claim of an individual or business followed by a demand for a specific outcome. It’s often our first step in the litigation process, providing the recipient with an opportunity to resolve a dispute prior to the institution of a lawsuit. However, especially in cases where the statute of limitations is short, demand letters may be accompanied by the filing of MCAD or AGO complaints. The goal of the demand letter is often to permanently and confidentially resolve a case in exchange for a payment of money.
- Massachusetts Commission Against Discrimination (“MCAD”) Complaint: An MCAD complaint is filed when an individual believes they’ve been subjected to discrimination in employment, housing, or public accommodations. This includes most cases of workplace sexual harassment. The Massachusetts Commission Against Discrimination investigates complaints of discrimination based on race, gender, age, disability, and more. Generally speaking, if you have been subjected to discrimination in the workplace and wish to file a lawsuit in Massachusetts Superior Court, you must first bring your complaint forward to the MCAD.
- Attorney General’s Office (“AGO”) Workplace Complaint: An AGO complaint is filed with the Massachusetts Attorney General’s Office when there are violations of labor laws, such as wage theft, unpaid overtime, or unlawful working conditions. The AGO enforces worker rights and ensures compliance with state labor laws, protecting employees in various sectors. Generally speaking, if you have been subjected to labor law violations and wish to file a lawsuit in Massachusetts Superior Court, you must first bring your complaint forward to the AGO.
- Statutory Prerequisites: If you want to file a lawsuit with the Massachusetts Superior Court, depending on your types of legal claims, you may need to first acquire approval from the MCAD or AGO. For someone who files a complaint with the AGO regarding labor violations, the AGO will, in the normal course of action, issue a Private Right of Action letter so that the complainant (that is, the person filing the complaint) may privately pursue their claim in court. For someone who files a complaint with the MCAD regarding workplace discrimination or harassment, ninety (90) days after filing the complaint the complainant may request that they be allowed to move the matter from the MCAD to the state court. Without first obtaining these respective approvals, a judge may not permit you to proceed with your lawsuit in state court.
Unfortunately, for the average working person, there simply are not enough hours in the day to sufficiently familiarize yourself with all the legal rules and regulations you are required to follow before filing a lawsuit. That is where we come in. Our Massachusetts employment attorneys are highly experienced in navigating the laws that govern the workplace. Not only can they skillfully navigate these laws, but they will also take time to explain them to you, so that you feel confident throughout the process. If you or a loved one needs the assistance of a Massachusetts employment lawyer, call our number for a free consultation.
