Legal Question in Credit and Debt Law in Massachusetts

Automobile labor law in MA

Hello. Briefly I have bought parts at my automobile dealership that I work at for the last 30 years. I have always paid 25% over cost because I did so on a large scale for side work. Our employee handbook states employees must pay for parts at 10% over cost. Now I am being charged the difference that I have already paid and what actual retail (list) price is. They are saying that the employee handbook is referring to if you buy parts for your own vehicle. This was never made clear, until now. Now they want me to pay the difference. This equates to about $5,000 over the last year and a half. I work in MA. Can they do this?


Asked on 1/15/08, 9:06 pm

2 Answers from Attorneys
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: Automobile labor law in MA

The issue is one of contract; Was there mutual assent between you and your employer to terms of a definite and certain enough character with each party giving up something they were not legally obligated to? The other issue is whether the alleged ambiguity in the employer's handbook would be construed against the party who drafted it; the doctrine of "contra preferendum". These are issues which must be ascertained from the specific facts of your situation. Please feel free to contact my office direct for a free intitial consult.

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Answered on 1/15/08, 10:41 pm
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: Automobile labor law in MA

The issue is one of contract; Was there mutual assent between you and your employer to terms of a definite and certain enough character with each party giving up something they were not legally obligated to? The other issue is whether the alleged ambiguity in the employer's handbook would be construed against the party who drafted it; the doctrine of "contra preferendum". These are issues which must be ascertained from the specific facts of your situation. Please feel free to contact my office direct for a free intitial consult.

Read more
Answered on 1/15/08, 10:41 pm


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