Employment Litigation & Counselling

I represent businesses and municipalities in the defense of employment claims and provide counseling to employers as to employment decisions and employment compliance as well. I have successfully defended employers at the Massachusetts Commission Against Discrimination (MCAD), the Equal Employment Opportunity Commission (EEOC), and in federal and state court from claims of discrimination, retaliation, and sexual harassment and a variety of wage claims. I also represent employers seeking enforcement of their contractual rights against their former employers and provide counseling to employers and draft policies and agreements.

Defense of Discrimination and Other Claims.

I regularly represent employers defending claims of discrimination, sexual harassment, wrongful termination, and retaliation, both before the Massachusetts Commission Against Discrimination (MCAD) and the federal Equal Employment Opportunity Commission (EEOC), and in state and federal court. I have defended discrimination and retaliation claims brought under the Massachusetts Fair Employment Practices Act, G.L. c. 151B; Title VII of the Civil Rights Act of 1964; the Americans with Disabilities Act (ADA); the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA), and the Massachusetts Healthcare Workers Whistleblower Law. I also regularly defend employers against claims brought under various wage statutes, such as the Massachusetts Wage Act, the Massachusetts Independent Contractor law, the Massachusetts Tips law, the Massachusetts overtime law, the federal Equal Pay Act; the Massachusetts Equal Pay Act, and the Fair Labor Standards Act (FLSA). I have also represented employers in investigations of wage pay practices conducted by the federal Department of Labor and the Massachusetts Attorney General's Office.

Enforcement of Non-Competition/Nondisclosure Agreements.

I represent employers in enforcing non-competition and nondisclosure agreements and provide advice on whether, as a practical matter, such a claim is worthwhile. Often these disputes can be resolved by a carefully crafted cease and desist letter to a departed employee and his or her new employer. However, when litigation ensures, these claims can be very time intensive and typically involve a request for preliminary injunctive relief.

Employment Law Counselling.

As everyone knows, litigation can be very costly, even when an employer has done nothing illegal. This is why it is so important to take whatever steps are necessary to avoid costly and protracted litigation. I routinely counsel employers on termination decisions and reasonable accommodations requests. I also review and draft employee contacts, policies, and handbooks and negotiate severance agreements. I also have provided training to employers as to compliance with the various anti-discrimination laws.

While many employment attorneys have only represented employees or management, I believe that my having represented both employees and management in different employment matters provides me with greater insight into how a given case is best pursued or defended. I believe this wide experience enable me to better assess a claim and to represent effectively my clients' interests.

I strive to fully investigate the matter at the beginning and then provide my client with a frank assessment of the merits of the claim and the expected costs in defending/pursuing the matter. My goal is to provide my client, at the beginning of my representation, with a thorough assessment of the claim and the expected costs so my client is in best position to decide how to proceed, e.g., defend aggressively, seek a quick trial date, or to attempt a settlement.