Employment Litigation

We have an extensive track record of success representing employers in the defense of claims of all forms of discrimination, sexual harassment and retaliation, wrongful termination, wage and hour and other workplace matters. We also have extensive experience litigating non-disclosure, non-competition and non-solicitation agreements, including efforts to obtain or prevent the entry of preliminary and permanent injunctions. We appear regularly in state and federal courts and before the Massachusetts Commission Against Discrimination and the Equal Employment Opportunity Commission.

Practice Chair

Amanda Marie  Baer

Amanda Marie Baer
Senior Associate

Brian M. Casaceli

Brian M. Casaceli
Associate

John O. Mirick

John O. Mirick
Of Counsel

Reid M. Wakefield

Reid M. Wakefield
Associate

PODCAST: Lauren Sparks discusses Analysis of the Supreme Court Title VII Ruling

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Rich Van Nostrand quoted in Law360, "Mass. Noncompete Law Overhaul Not As Strict As It Seems"

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Telegram's One on One with Employment Attorney Jonathan Sigel

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Jonathan Sigel interviewed by NECN - How to Prepare for Mass Equity Pay Law

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Federal Appeals Court Halts Implementation of NLRB Employees' Rights Posting

April 18, 2012[ read full story ]

New Limits on Employer Access To and Use Of Criminal Records Take Effect on May 4, 2012

March 30, 2012[ read full story ]

Attorney General Announces $2.8 Million Settlement with 3 Companies that Violated Massachusetts Prevailing Wage and Misclassification Laws

March 22, 2012[ read full story ]

Supreme Judicial Court Issues Much Anticipated Quinn Bill Decision

March 8, 2012[ read full story ]

Transgender Discrimination Protection

February 10, 2012[ read full story ]

Massachusetts Court Upholds Students' Suspensions for Hazing Incident

January 30, 2012[ read full story ]

Principal and Teacher Who Exchanged Intimate E-Mails May Proceed with Invasion of Privacy Claim Against Employer

January 25, 2012[ read full story ]

Addiction in the Workplace Forum: Bob Kilroy to serve on panel

06/12/2018[ read full story ]

Representative Matters

  • Successfully defended an office solutions company in the U.S. District Court against a race discrimination claim brought by a regional sales manager. The plaintiff had rejected a settlement offer of several hundred thousand dollars before proceeding to trial
  • Obtained a high-seven-figure award for our minority shareholder client following a jury-waived trial for "freeze-out" in Worcester Superior Court. This was on of the few cases in which the Court ordered the repurchase of a minority shareholder's stock interest in the company at a percentage of the company value without any discount for marketability or minority interest
  • Successfully defended an automobile dealership and leasing company in Middlesex Superior Court against an age discrimination claim brought by a former sales manager
  • Secured preliminary and permanent injunctions in the Business Litigation Session of the Suffolk Superior Court on behalf of a nano-particulate business against a former chief chemist for trade secret misappropriation
  • Successfully defended a warehouse and bulk supplier in Bristol Superior Court in separate age discrimination and workers' compensation claims brought by a driver and a warehouse worker, respectively
  • Successfully defended an accounting firm against a pregnancy discrimination claim brought by an accountant in Worcester Superior Court
  • Obtained a summary judgment in favor of our accounting firm client in a disability discrimination claim in the U.S. District Court. On appeal, dismissal was affirmed by the U.S. Court of Appeals for the First Circuit
  • Obtained a summary judgment in favor of our aerospace manufacturing client in a race discrimination claim in the U.S. District Court. The plaintiff's appeal was dismissed by the U.S. Court of Appeals for the First Circuit
  • Obtained enforcement of a non-competition agreement on behalf of an educational software company, resulting in the removal of a former executive from a competitor's workforce and the recoupment of attorneys' fees
  • Successfully defended multiple executives facing numerous counts of discrimination, wrongful termination and whistleblower retaliation in federal court. The case was won with an initial motion to dismiss prior to discovery
  • Successfully defended a municipality facing breach-of-contract claims in federal court following termination of an employee's contract for poor performance. The case was won prior to summary judgment based on admissions by the plaintiff at her deposition
  • Successfully defended a major medical institution facing breach-of-contract claims, intentional interference with contractual relations and defamation in federal court. The case was won with an initial motion to dismiss prior to discovery
  • Successfully defended a service provider and its executives against age discrimination claims. The case was won based on admissions obtained at the plaintiff's deposition

Employers Must Ensure Compliance with the Families First Coronavirus Response Act as they Re-Open and Recall Employees from Furlough

The U.S. Department of Labor recently issued new Questions and Answers regarding its interpretation of the Families First Coronavirus Response Act (“FFCRA”). In relevant part, the DOL made clear that if an employer is calling employees back from furlough, the …

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Update: Families First Coronavirus Act

The Department of Labor issued new guidance over the weekend regarding the Families First Act, including important definitions and clarifications.  I broke down the new guidance into the overall framework of the new EFMLA and EPSLA in this recorded webinar. …

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Department of Homeland Security Relaxes Standards for Verifying Work Authorization

  As a result of the COVID-19 pandemic, the Department of Homeland Security has relaxed its standards requiring in-person review of work authorization documents required to complete the I-9 form. Specifically, if an employer has no employees physically present at a …

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Congress Passes Families First Coronavirus Response Act

On March 18, 2020, Congress passed a bill entitled “Families First Coronavirus Response Act” (the “Act”) aimed at alleviating several major burdens families are currently facing as a result of the coronavirus (COVID-19). The Act, which goes into effect on …

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Executive Order Loosens Open Meeting Law Requirements During Coronavirus Emergency

Governor Baker signed an Executive Order relieving government boards and committees from compliance with certain Open Meeting Law requirements during the novel Coronavirus (COVID-19) emergency. The Order gives public bodies greater leeway to hold closed-door and remote meetings, so that government agencies …

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The Coronavirus and Its Impact on the Workplace

With cases of the novel coronavirus (COVID-19) significantly on the rise, the World Health Organization declaring the coronavirus outbreak a pandemic, and Governor Baker recently declaring a state of emergency in the Commonwealth, employers should be prepared to address a number …

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NLRB Issues Employer-Friendly “Joint Employer” Definition

On February 25, 2020, the National Labor Relations Board (the “NLRB”) announced the final rule governing “joint employer” status under the National Labor Relations Act. The determination of whether an entity is a “joint employer” with a direct employer for purposes …

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Act Requiring the Hands-Free Use of Mobile Devices Went into Effect Yesterday

On November 25, 2019, the Commonwealth of Massachusetts approved Chapter 122 of the Acts of 2019. Under this Act, operators of motor vehicles cannot use handheld electronic devices while driving. The Act specifically holds that no operator of a motor vehicle shall …

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U.S. Department of Education and U.S. Department of Health and Human Services Updates Joint Guidance on the Applicability of FERPA and HIPAA to Student Records

The U.S. Department of Education and the U.S. Department of Health and Human Services recently issued an update to their Joint Guidance on the Applicability of the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and …

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U.S. Department of Labor Issues Final Rule on Joint Employer Regulations Under the Fair Labor Standards Act

On January 12, 2020, the United States Department of Labor (“DOL”) issued its final rule under the Fair Labor Standards Act (“FLSA”) governing joint employer status, which significantly narrows the scope of joint employer liability. Under the prior Administration, the DOL …

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Our Practices