Robert L. Kilroy

Bob is a partner and chair of the firm's Labor, Employment and Employee Benefits Group, where he specializes in employment litigation in defense of corporations and their executives. He routinely appears in federal and state courts throughout New England and beyond, as well as before the Massachusetts Commission Against Discrimination and the Equal Employment Opportunity Commission in defense of claims of discrimination, sexual harassment, wrongful termination, breach of contract, and wage payment violations. Bob also has extensive experience in both defense and enforcement of non-compete agreements. In addition, he represents management for private-sector employers in grievance arbitrations filed by unions, with particular emphasis on the health care industry. Apart from his employment litigation practice, Bob advises clients on a broad range of employment and human resource-related issues.

Prior to joining Mirick O'Connell, Bob served 10 years active duty as an officer in the U.S. Marine Corps, where he was awarded four medals for leadership excellence. In addition, he has served as a special assistant district attorney, as an employment litigator for Testa, Hurwitz & Thibeault, and as a litigation associate for Ropes & Gray in Boston.Bob has been named a Massachusetts "Super Lawyer" by Boston magazine and Law & Politics. He was also previously named a Massachusetts "Rising Star" for three consecutive years.

Bob has been selected as employment litigation counsel for all employment claims filed in Massachusetts against a Fortune 50 client.

Bar & Court Admissions

  • Massachusetts
  • U.S. District Court for Massachusetts
  • U.S. Court of Appeals for the First Circuit
  • U.S. Supreme Court
  • Cornell Law School JD, magna cum laude (1997), editor-in-chief, Cornell Law Review
  • Worcester Polytechnic Institute BS, high honors (1984)
  • Successfully represented a major healthcare industry client facing claims of race, color, national origin and disability discrimination, as well as retaliatory discharge, before the U.S. District Court for the District of Massachusetts.  All claims were dismissed following a motion for summary judgment
  • Successfully represented a major healthcare industry client facing claims brought by a physician for breach of contract and breach of the covenant of good faith and fair dealing in Massachusetts Superior Court.  All claims were dismissed following a motion for summary judgment
  • Successfully represented a major healthcare industry client facing claims of disability discrimination, retaliation and constructive discharge before the Massachusetts Commission Against Discrimination. All claims were dismissed following seven days of public hearing
  • Successfully defended a major healthcare institution facing claims of disability discrimination in U.S. District Court. Case was dismissed following a motion for summary judgment
  • Enforced a non-competition agreement on behalf of an educational software company, resulting in the removal of a former executive from the competitor's workforce and the recoupment of attorneys' fees
  • Successfully defended a sales executive facing a non-compete enforcement action by his former employer in Delaware Court of Chancery
  • Represented a public company facing allegations of disability discrimination; the case was dismissed at the investigative stage of proceedings before the Massachusetts Commission Against Discrimination
  • Successfully defended six executives facing 11 counts of discrimination, wrongful termination, and whistleblower retaliation in federal court; the case was won with an initial motion to dismiss prior to discovery
  • 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 extracted at plaintiff's deposition, followed by a demand that the plaintiff voluntarily dismiss her case or face a motion for sanctions for having filed an action in bad faith
  • Defended a major medical institution facing claims of breach of contract, intentional interference with contractual relations and defamation in federal court; the case was won with an initial motion to dismiss prior to discovery
  • Represented a service provider company and its executives facing age discrimination claims; the case was won based on admissions extracted at the plaintiff's deposition, followed by a demand that the plaintiff voluntarily dismiss his case or face a claim for attorneys' fees based on having filed a frivolous lawsuit
  • Successfully represented a major medical institution facing claims of pregnancy discrimination and gender bias at the Massachusetts Commission Against Discrimination
  • Successfully represented a major medical institution in grievance arbitration involving a claim that supervisors were performing bargaining unit work
  • Successfully represented a transportation company in grievance arbitration involving a claim that drivers were not properly compensated during meal breaks
  • Defended a major medical institution in an action at the Massachusetts Commission Against Discrimination brought by a former physician claiming disability discrimination; the case was won based on admissions extracted at the plaintiff's deposition, followed by a demand that the plaintiff voluntarily dismiss his case or face a motion for sanctions for pursuing an action in bad faith
  • Successfully represented in grievance arbitration a client who terminated an employee based on allegations of sexual misconduct in the workplace
  • Successfully represented a major medical institution in grievance arbitration involving the transfer of an employee based on the hospital's belief that he was unable to safely perform certain job duties
  • Successfully defended a financial services company facing allegations of breach of employment contract following the termination of an employee for inappropriate behavior in the workplace
  • Defended a public entity facing breach-of-contract claims; the court granted our client summary judgment on all claims
  • Successfully defended a public entity facing 11 counts of discrimination, wrongful termination and whistleblower retaliation in federal court; the court granted our client summary judgment on all claims

Publications/Presentations

  • Quoted in “With Overtime Rule in Limbo, Caution is Urged for Employers,” Bloomberg BNA Daily Labor Report, February 1, 2017
  • Quoted in “Shift in Wage-And-Hour Enforcement May Not Be Radical,” Bloomberg BNA Daily Labor Report, January 17, 2017
  • Quoted in "Recreational Weed May Be Legal, But You Can't Smoke in Public and Could Still be Fired," Boston Business Journal, December 15, 2016
  • “Hiring Individuals with Disabilities,” client seminar, June 2016
  • “Sex Harassment Prevention Training for Executives, Supervisors, Managers and Employees,” client seminar, April 2016
  • “Employment Laws of the HR Universe: An Update,” Clark & Lavey Benefits Solutions HR Boot Camp, April 2016
  • “Deflategate and the Tom Brady Saga: Lessons Learned for both the Unionized and Non-Unionized Employer,” Mirick O’Connell Labor, Employment and Employee Benefits Annual Seminar, April 2016
  • “Misclassifying Employees as Independent Contractors and Other Massachusetts Wage Act Concerns,” Massachusetts Bar Association 13th Annual In-House Counsel Conference, November 2015
  • “Manager Training on Select HR Topics,” client seminar, September 2015
  • “Sex Harassment Prevention Training for Supervisors and Managers,” client seminar, May 2015
  • “Sex Harassment Prevention Training for Supervisors and Managers,” client seminar, February 2015
  • “Sex Harassment Prevention Training for Supervisors and Managers,” Mirick O’Connell Labor, Employment and Employee Benefits Annual Seminar, March 2014

Professional / Community Affiliations

  • Milford Regional Medical Center Board of Trustees, chair
  • Milford Regional Medical Center, Patient Care Assessment Committee, chair
  • Milford Regional Health Care Foundation Board of Trustees, past chair, current member
  • Milford Area Chamber of Commerce, past chair, Board of Directors
  • Milford Regional Medical Center, Corporator
  • Massachusetts Hospital Association's Clinical Advisory Council, past member
  • Leadership MetroWest Academy, graduate
  • American Bar Association
  • Massachusetts Bar Association
  • Boston Bar Association
  • Worcester County Bar Association