As employment lawyers, we serve our clients as both advisers and advocates on a wide range of employment-related issues, from helping companies develop best practices to litigating claims for wrongful termination or violation of non-competition agreements. We work proactively with our clients to improve employment best practices, manage complex personnel issues, and minimize the likelihood of litigation by identifying and solving problems in the workplace before disputes arise. When litigation is unavoidable, we have the strategic expertise and advocacy skills needed to minimize risk and efficiently and effectively resolve your case.

Counseling

We counsel our business clients in a range of employment law areas, from hiring employees through the disciplinary and termination processes. We also provide guidance in managing workplace challenges, such as investigating sexual harassment complaints, and steering an appropriate course among workers’ compensation claims, disability benefits, and federal and state laws addressing disability discrimination. With our expertise in developing and maintaining employment best practices, we help you stay focused on achieving your business goals while protecting your intellectual property and other valuable assets and avoiding costly disruptions. Services we frequently provide include:

• Drafting and reviewing personnel manuals, employment contracts, and noncompete, nonsolicitation, and nondisclosure agreements;
• Administering seminars and training programs to educate management about new legal developments; and
• Conducting internal investigations involving claims of harassment or other employee disputes.

Litigation

When litigation arises, we defend employers in cases alleging discrimination, sexual harassment, wrongful termination, wage-and-hour violations, defamation and other workplace torts. We also represent businesses and individuals in disputes involving noncompetition, nonsolicitation, and trade secret  isssues, as well as other claims arising out of employment contracts. Because of the sensitive nature of employment claims, we work closely with you to perform early case assessments and to develop strategies for minimizing exposure, such as exploring options for alternative dispute resolution early in – or prior to – the commencement of litigation.

Our clients range from start-ups and closely held businesses to large publicly traded corporations operating across a wide spectrum of industries, including financial services, manufacturing, technology, biotechnology, retail, hospitality, insurance, health care, construction, and professional services. We also serve non-profit and public service organizations. Our lawyers regularly advocate before federal and state courts, as well as before agencies including the Massachusetts Commission Against Discrimination (MCAD), the Equal Employment Opportunity Commission (EEOC), the Department of Labor (DOL), and the Massachusetts Attorney General’s Office.

Representative Matters:

• Summary judgment in favor of employer in age discrimination case alleging disparate treatment, disparate impact and retaliation;
• Summary judgment in favor of employer on claims for wrongful discharge in violation of public policy and the Massachusetts Civil Rights Act;
• Numerous lack of probable cause findings in favor of employers in discrimination claims before the MCAD and EEOC;
• Dismissal of OSHA whistleblower retaliation claim brought under the Clean Air Act;
• Summary judgment in favor of employer where employee alleged he was terminated based upon his race and ethnicity in violation of various federal civil rights statutes;
• Favorable settlement on behalf of employer in disability discrimination case alleging failure to accommodate employee’s temporary disability, hostile work environment and retaliation;
• Successful defense of Wage Act claim by former employee against law firm employer;
• Preliminary injunction in favor of provider of electrical systems diagnostics solutions enforcing non-solicitation covenants against two former employers;
• Preliminary injunction on behalf of a technology consulting firm against a senior-level employee who joined a competitor in violation of a noncompetition agreement;
• Favorable settlement on behalf of a mutual fund company seeking to enforce noncompetition and other restrictive covenants against a high-profile portfolio manager recruited by a direct competitor;
• Voluntary dismissal of sexual harassment claim after motion to dismiss based upon plaintiff’s alleged fraud on the court, including perjured deposition testimony;
• Favorable resolution of multiple Wage Act claims against retailer alleging failure to pay overtime;
• Successful appeal of judgment against employer in tort action based upon trial court’s lack of subject matter jurisdiction over claims for workers’ compensation benefits; and
• Ongoing representation of national retailers in Massachusetts employment litigation.