Overview

Our practice is founded upon a simple concept: we are dedicated to providing timely, high-quality and cost-effective counsel to our clients.

Our practice is focused on providing employers and individuals with practical, business-oriented solutions to workplace-related issues. We specialize in and are well-equipped to help employers effectively manage their workforce, administer sound personnel policies, protect their intellectual property, negotiate and draft employment contracts and other employment-related documents, and comply with applicable statutes. We also are experienced employment litigators in federal and state courts and administrative agencies. In short, we have an in-depth understanding of the employment law landscape and its ever-evolving statutes, regulations and case law, which enables us to better serve our clients.

With respect to our representation of employers, we have extensive experience representing a wide range of businesses, from start-up and emerging growth enterprises to large, multi-national publicly traded companies. Based on the diversity of our client base, we are sensitive to and understand the importance of customizing our representation to each client. Not only are we interested in what our clients do, but we also take the time necessary to get to know them and their businesses. Accordingly, we focus on each client’s particular needs, the industry norms in which the client operates, each client’s workplace culture, and the various employment laws that apply. Our approach is personalized, hands-on and designed to provide each client with what it deserves – timely, high-quality and cost-effective counsel.

 

 

Employment Litigation
Employment-related litigation continues to expand at an exponential rate. Employers need experienced counsel skilled at litigating these matters in a vigorous yet cost-effective manner. We offer that expertise, having defended our clients in federal and state courts and administrative agencies of all levels throughout the nation.

We frequently handle cases involving Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Employee Retirement Income Security Act, the Fair Labor Standards Act and the Family and Medical Leave Act. On a state level, we litigate cases involving state discrimination statutes, wage payment statutes, privacy statutes, wrongful termination and employment-related contract and tort claims. Significantly, we have in depth experience bringing suit against ex-employees (and, at times, their new employers) to enforce noncompetition and nondisclosure agreements, prosecute breach of fiduciary duty, prevent raiding of employees and customers, and prevent the misappropriation of confidential and trade secret information.

In addition to litigating in court, we regularly practice before state and federal agencies, including the Equal Employment Opportunity Commission, the Department of Labor, the Occupational Safety and Health Commission, the Massachusetts Commission Against Discrimination and the Massachusetts Attorney General’s office. In this capacity, we represent employers in the defense of employment discrimination and retaliation charges, audits and investigations, and unemployment claims.

Because we appreciate the time and expense associated with litigation, we seek to resolve litigation through alternative dispute resolution forums when it suits our client’s best interest. In this regard, we represent clients in mediating and arbitrating employment-related claims, both through federal agencies (like the EEOC and MCAD) and private ADR specialists.
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Advice, Counseling and Personnel Management
In order to reduce the likelihood that our clients will be sued, we focus on counseling clients on both the legal and practical aspects of employee relations and personnel management. To that end, and in the interest of reducing the risk of disputes before they arise, we conduct a variety of training programs for employees and managers of our clients; assist in the drafting of personnel policies and employment-related documents; and regularly counsel our clients with respect to all aspects of employment law.

Our practice in this area includes:

  • Preparing documentation key to the employment relationship, including offer letters, incentive compensation plans, retention agreements, consulting agreements, and non-competition, non-solicitation and non-disclosure agreements;
  • Preparing and/or revising employee handbooks and personnel policies, including drug and alcohol, workplace violence and absenteeism policies;
  • Conducting sexual harassment prevention, EEO, privacy in the workplace, performance management and other employment-related workshops and training seminars;
  • Conducting employment practices audits, including FLSA audits, to ensure that our clients’ practices are compliant;
  • Conducting internal investigations, including investigations of workplace harassment;
  • Counseling employers on the myriad of workplace privacy and security issues, including monitoring of electronic communications, protecting intellectual property, and exit interview procedures to ensure the return of all company property;
  • Counseling employers with respect to employee performance and conduct, including preparing performance improvement plans, and discipline, up to and through termination of employment;
  • Counseling employers on leave of absence and attendance issues, which involves the complicated intersection of the ADA, FMLA, workers compensation and applicable state laws. In addition, we assist employers in working their way through the ADA’s interactive process, including reasonable accommodation issues; and
  • Assisting employers with workforce reductions, including an analysis of employees to be selected, preparation of termination-related documents, and strategies to avoid liability under state and federal plant closing and employment discrimination laws.
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Contract Drafting and Negotiation
Effective representation in this area requires an expertise in contract drafting, a sound knowledge of applicable law, and a firm grasp of what is “market.” We have this expertisefrom both the employer and individual standpoint. On the front end of the employment relationship, we frequently draft and negotiate executive employment agreements. When the employment relationship terminates - whether it be an individual termination, one that results from a change in control, or one that results from a reduction in force - we are experts in preparing the appropriate separation agreement to bring closure to an often difficult situation while providing the employer with maximum protection.
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Transactional Practice
We represent both purchasers and sellers in the acquisition context (both public and private companies) with respect to employment-related due diligence, contract negotiation, and avoidance of employment liabilities both before and after the transaction has closed.
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Labor Practice
We handle traditional labor matters, including collective bargaining, arbitration and representing employers before the National Labor Relations Board. We also counsel clients in managing effective responses to union drives, which includes union avoidance planning and training for managers and supervisors.
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