Amanda Marie  Baer

Amanda Marie Baer is an associate in the firm's Labor, Employment and Employee Benefits Group and Litigation Group.  Amanda focuses her practice on representing employers in federal and state courts and before the Massachusetts Commission Against Discrimination, defending against claims concerning discrimination, harassment, retaliation, wrongful termination, accommodations, and wage and hour laws.  Amanda has experience in conducting investigations into allegations of discrimination or harassment, enforcing and defending employment, noncompetition/nonsolicitation, and severance agreements and representing businesses in contractual, fraud, and general business litigation matters. Amanda regularly advises employers on day-to-day human resources issues, drafts handbooks, severance agreements, employment agreements, and workplace policies, and leads employee and manager-level training on policies, including sexual and protected class harassment.

A magna cum laude graduate from Georgetown University Law Center, Amanda was named to the Order of the Coif.

Amanda is a member of the bar of the Commonwealth of Massachusetts and is admitted to practice before the United States District Court for the District of Massachusetts, the United States Court of Appeals for the First Circuit, and the United States Supreme Court.

In 2016, Amanda was selected by the Worcester Business Journal as one of the "40 Under Forty" professionals honored for their professional achievements and community service. Amanda has been named a Massachusetts "Rising Star" by Boston magazine and Law & Politics every year since 2013.

Amanda is the editor of the Labor, Employment and Employee Benefits Group’s blog, “Off the Clock.”
 

Bar & Court Admissions

  • Massachusetts
  • U.S. District Court for Massachusetts
  • U.S. Court of Appeals for the First Circuit
  • U.S. Supreme Court
  • Georgetown University Law Center JD, magna cum laude (2011), Order of the Coif, Executive Senior Editor, Georgetown Journal of International Law (2011); CALI Excellence for the Future Award for Civil Litigation Practice, Torts, Professional Responsibility, Criminal Law and Art of the Washington Lawyer
  • Providence College BA, summa cum laude (2008)
  • Represented employer as second chair during 16-day trial in the U.S. District Court for the District of Massachusetts and successfully secured a directed verdict at close of evidence on former employee’s claim of “regarded as” disability discrimination.
  • Obtained summary judgment in Business Litigation Session for employer on an issue of first impression as to whether former employees were owed premium pay for hours worked on Sundays.
  • Obtained summary judgment for employer on claim of race discrimination in the U.S. District Court for the District of Massachusetts and secured sanctions against Plaintiff for discovery delays.
  • Secured summary judgment for employer on former employee’s claim of breach of contract and breach of the implied covenant of good faith and fair dealing, by establishing that the Employment Agreement was unenforceable due to the former employee’s misrepresentations and omissions.
  • Successfully obtained a preliminary injunction under the federal Defend Trade Secrets Act to protect an employer’s trade secret and confidential information when an employee surreptitiously removed documents and a laptop from the company.
  • Obtained permanent injunction on behalf of employer to prevent former employee from continuing to breach his employment agreement and circulate confidential images of the employer’s products.

Publications/Presentations

  • “Everything You Need to Know About Sexual Harassment,” National Association of Women in Construction (2018) (presenter)
  • Quoted in “Steps to Prevent Workplace Harassment;” Builder Magazine (January 2018)
  • “One on One: Amanda Marie Baer,” Worcester Telegram & Gazette (August 2017)
  • “A Changing Landscape – The Evolution of How We Communicate in Professional Context, and the Rapid Growth of Social Media,” MCLE (2017) (keynote presenter)
  • Companies Determine Practices When Marijuana Becomes Legal in Massachusetts,” WCVB Interview, (November 2016)
  • Quoted in “4 Questions About the ‘Robust’ Massachusetts Pay Law, Answered,” HR Dive (August 2016)
  • Quoted in “New Mass. Pay Equity Law Prohibits Salary-History Questions,” SHRM (August 2016)
  • Quoted in “Massachusetts Makes Asking About Salary History a Thing of the Past,” US News & World Report (August 2016)
  • Quoted in “How Massachusetts’ New Pay Law Will Help Close the Gender Wage Gap (and How it Won’t),” Fast Company (August 2016)
  • Quoted in “This Popular Interview Question is Now Illegal in Massachusetts,” Inc. (August 2016)
  • Quoted in “Job Interviewers Can’t Ask this Question in Massachusetts Anymore,” Huffington Post (August 2016)
  • "Massachusetts Voters Approve Paid Sick Leave Law," Mirick O'Connell Client Alert (November 2014)
  • "Teacher-on-Student Bullying: Is Your Massachusetts School District Ready for This Test," Northeastern University Law Journal (Spring 2014)
  • "Preventing Discovery of Accountants' Materials and Communications," Mirick O'Connell Client Alert (July 2013)
  • "MOOCs When Opening Door to Education, Institutions Must Ensure that Participants with Disabilities Have Equal Access," New England Journal of Higher Education (July 2013)
  • "Best Practices for Advising Clients on Cyber Security," American Bar Association Criminal Litigation Journal (March 2013)
  • "The New Medical Marijuana Law: Must Massachusetts Employers Now Make Exceptions to their Policies on Illegal Drug Use?" Mirick O'Connell Labor, Employment and Employee Benefits Legal Update (December 2012)
  • "Teachers Who Bully," American School Board Journal (December 2012)
  • "Fisher v. University of Texas: Insight into the Meaning and Importance of Diversity," HRMA Perspectives (November 2012)
  • "Traps for the Unwary in Independent Investigations," Massachusetts Bar Association Annual In-House Conference (2012) (co-author)
  • "Penalties for Clery Act Violations May Devastate Penn State," Mirick O'Connell Higher Education Legal Update (August 2012)
  • "Department of Veterans Affairs Asks Institutions of Higher Education to Commit to Unannounced Principles of Excellence," Mirick O'Connell Higher Education Legal Update (July 2012)
  • "Business Litigation Session Highlights - 2011," Massachusetts Bar Association Annual In-House Conference (2011) (co-author)

Professional / Community Affiliations

  • American Bar Association
  • Federal Bar Association
  • Massachusetts Bar Association
  • Worcester County Bar Association
  • Young Professional Women's Association
  • YWCA, Board of Directors and Personnel Committee