The Law Offices of Samuel S. Reidy Blog

Massachusetts voted to legalize medical marijuana in 2012 and voted to legalize recreational pot in 2016.  In November of 2018, the first recreational marijuana store opened in Massachusetts.  But what does the legalization of marijuana in the Commonwealth mean in terms of your employment?  Basically, just because marijuana is legal, that does not mean you cannot lose your job if you use it.

The legislation connecting legalized marijuana and employment law is still evolving, but it is becoming a more and more predominate legal question, both from the employer side and the employee side. 

Recreational Marijuana

As is almost always the case with everything in the law, there are exceptions, but in general, using recreational marijuana can cost an employee his or her job in the Commonwealth of Massachusetts.
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One question that comes up quite a lot in the employment law world is whether or not an employee can be fired while they are out on short-term disability or workers comp.  In Massachusetts, the answer is that employees can, in fact, lose their job while out on short-term disability or workers comp - in most cases.

In most states, such as Massachusetts, employees are not entitled to job-protected workers compensation leave.  The same thing is true if an employee is out on short-term disability.  Massachusetts is an “employment-at-will” state.
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For individuals interested in estate planning, there seems to be a lot of interest in Trusts, but also a lot of misinformation.  There are certain situations where Trusts are the best estate planning tool to meet an individual's goals, and other situations where Trusts would unnecessarily complicate an otherwise straightforward situation.  There is also a lot of situations that exist in between those two points.  Some background information on Trusts may be helpful.    

Generally speaking, there are two types of Trusts: a testamentary trust and an inter vivos trust.
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Every year, millions of people make their "New Year's Resolutions."  These resolutions can include accomplishing a personal goal or making a change to improve a person's everyday life.  In 2019, one such New Year's Resolution could be to work on your own estate planning goals and objectives.  To kick off 2019 correctly, I am offering three complimentary and useful estate planning tips.

1.
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When one thinks of medical malpractice, it is easy to just think about surgical errors or lawsuits involving unfortunate outcomes.  In June of 2018, Rhode Island Hospital entered into a consent agreement with the State Department of Health after reporting four patient errors in four consecutive weeks.  These preventable errors included  performing the wrong tests on the wrong patient and performing a spinal procedure on the wrong part of the spine.  These are the stereotypical types of claims that are associated with physicians being sued, but there are three  more common areas where physicians often find themselves embattled with litigation

1.  Failure to obtain informed consent.
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This mantra of the soon-to-be World Champion Boston Red Sox's postseason is to "do damage."  Unfortunately, there are times when the damage done is to the fans in the seats cheering on their favorite team.  Injuries by foul balls at baseball games are rare, but can be very serious when they do happen.  So what are an individual's rights when they are struck and injured by a foul ball at a baseball game?

The longstanding so-called "Baseball Rule" has been adopted by the Court in a majority of jurisdictions.  This Rule limits a landowner's duty of care that is owed to spectators to providing reasonable protection in the form of screening behind home plate.
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Massachusetts is a an at-will employment state, meaning that employees can typically be fired at any time for any reason.  However, there are several important exceptions to this general rule which are important for employees who have been let go (or are in fear of being terminated from their employment) to know about.

First, there are certain protected activities under the Common Law that an employee cannot be fired because he or she engaged in said activity.  These activities including: (1) asserting a legal right (such as taking vacation time or filing a workers' compensation action), (2) fulfilling a legal duty (such as attending jury duty), (3) reporting criminal wrongdoing, (4) refusing to commit illegal acts (such as embezzling or committing perjury), and (5) cooperating in a criminal investigation of the employer or the employee's superiors.  Generally speaking, if an employee is engaged in these protected activities the employer cannot terminate him or her for doing so.
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Technological advances are one of the most exciting and innovative aspects of our times.  Whether it be the new features on the latest Android or iPhone or high definition drones capturing memorable moments in the sky, advances in technology are happening at more and more rapid pace.  But can the law keep up with technology?

Drones are heavily regulated but these regulations are both not well known to the public and not always followed.  There have been reported personal injury claims associated with drones from defective drone equipment and drone operator negligence.  Sometimes it is not clear which was the cause of someone's injury (and considering how frequently drones are being used at large public events, the risk of injury is only getting higher and higher).
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A child going to college is widely considered the first major step for moving from childhood into adulthood.  However, many parents do not associate this milestone with a need to consider estate planning for the child.  The reality is once a child turns 18 years old, the parents no longer have any legal parental rights over the child.  To put it bluntly: once a child turns 18, his or her parents no longer have any legal say over medical or financial decisions involving the child.

Therefore, every child over the age of 18 should execute a Health Care Proxy and a Durable Power of Attorney.
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If you have spent anytime driving on the highways of Rhode Island recently, you will have noticed the signs that on June 1, 2018, drivers in Rhode Island will need to put their phones down.  If not, drivers will face a one hundred dollar fine - each time they are caught.

Rhode Island state police have suggested that the dangers of distracted driving are the same as the dangers of drunk driving.  That is why beginning on June 1st, the police will be looking to pull over anyone holding their phone while they are talking and driving.  Drivers will be allowed to use the phone only with a hands-free devices, like a mount inside the car or a Bluetooth.

One question that comes up a lot when talking with clients about estate planning is "what is a Living Will and do I need one?"  The answer depends on what state you live in.

First, it is important to understand exactly what a Living Will is.  A Living Will has nothing to do with your Last Will and Testament.  A Living Will is a legal document that allows a person to list medical treatments that they would or would not want if they become terimnally ill are become unable to make their own health care decisions.  It is a type of Advance Directive, that is recognized in most states.
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