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-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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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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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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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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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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