Contracts often form the basis of the employment relationship. The firm advises its clients on drafting and negotiating all types of contracts including offer letters and employment agreements, non-competition and non-disclosure agreements (NDAs), change of control provisions, consulting agreements, and severance and settlement agreements. When a dispute arises over interpretation or compliance with a contract’s terms, we will negotiate, litigate, arbitrate or mediate (whatever is appropriate under the circumstances) to protect our client’s interests.

The firm has an active practice in the area of employment discrimination. We represent employees and employers in employment discrimination and harassment cases on the basis of race, age, sex, sexual harassment, pregnancy, disability, national origin, religion, sexual orientation, gender identity, retaliation and other protected classes, brought pursuant to Mass. Gen. Law. Chapter 151B, Title VII, the ADA, the ADEA, and other related state and federal statutes. This practice area includes family responsibility discrimination, where a number of laws overlap to protect employees who have caretaking responsibilities including the Pregnancy Discrimination Act, the Family & Medical leave Act, the Massachusetts Paid Family and Medical Leave law, other state and federal family leave laws, and disability discrimination laws. We also handle issues related to pay equity and wage discrimination under the state and federal Equal Pay Acts. We advise employers and employees when discrimination issues arise and assist in resolving disputes before they reach litigation. If a suit is filed, we represent our clients in state and federal court and before the Massachusetts Commission Against Discrimination (MCAD) and the Equal Employment Opportunity Commission (EEOC). We also resolve employment disputes through mediation and arbitration, enlisting the assistance of experienced mediators and arbitrators.

Over the years the attorneys have realized that many employment issues can be better addressed by working with the client to identify the root problems and then provide objective, practical advice combined with a strategy to assist them in navigating their employment life. Employment Coaching combines legal advice and coaching techniques to support the client in making critical decisions about the current employment situation. Whether it be a promotion, increase in salary, transitioning from one position or job to another, or just being recognized for the job you are performing, the attorneys can help you develop a defined strategy to confidently achieve your goal. Our coaching work with clients can take the form of a brainstorming session to providing critical feedback on the client’s role in creating or facilitating the employment situation at issue. It includes providing objective feedback on the client’s communication, identifying areas of strength and those areas in need of improvement, opportunities, developing goals, and strategizing on how to reach those goals. We assist our clients in understanding and conveying their own value, so they are prepared for hiring, promotion and salary negotiations. In situations where separation is inevitable, we work with our clients to achieve an optimum separation with minimum professional repercussions.

We advise employees about their rights and obligations on the job with respect to state and federal discrimination laws, wage and hour standards, family and medical leave laws, whistleblowing laws, wrongful termination, common law claims, and employee benefits laws. We advocate for employees throughout the course of the employment cycle. We assist in the hiring process, including negotiating compensation and other terms of employment. We advise clients if their rights on the job have been violated or assist employees who need help addressing job performance issues. Finally, we advise on termination disputes, whether by negotiating separation packages or, when necessary, litigating the dispute.

We assist executives in achieving optimum employment packages, including salary, commissions, incentive compensation, equity, retention, and benefits, whether they are entering or exiting their employment relationships. We advise and support our clients at the hiring stage and over the course of employment with their salary negotiations. We also work with executives at change of control occurrences such as mergers and acquisitions or IPOs, to negotiate the terms of employment, including compensation.

We assist and guide employers and employees to understand their rights and obligations and ensure compliance with the complex overlap of state and federal laws and regulations governing parental leave, family leave, medical leave, paid sick leave and disability issues. This includes advice on providing reasonable accommodation under state and federal disability discrimination statutes.

We conduct investigations into claims of sexual harassment and other forms of discrimination made against upper-level managers where the nature of the allegations requires or will benefit from an independent third-party investigator. The attorneys understand the sensitive nature of such claims and the need to move promptly and discreetly to conduct the investigation with the least disruption possible for all parties concerned. We can also assist companies with pay equity audits to ensure compliance with state and federal equal pay laws.

We represent both employers and individuals in drafting and negotiating non-compete, non-solicitation and confidentiality (NDA) agreements. We help businesses protect their trade secrets, confidential business information and good will. We also help individuals defend claims that they have breached such agreements with a former employer. We have litigated non-compete disputes, including preliminary injunction proceedings, in state and federal courts in Massachusetts, New York, Vermont and the Washington D.C. area.

We advise employers on performance management issues and compliance with state and federal laws governing discrimination, wage and hour standards, family and medical leave, COVID-related mandates and guidelines, and other employment-related laws. We draft employee handbooks and policies that contain up-to-date provisions relating to workplace rights and benefits, which are custom drafted for each employer’s specific business profile. We conduct audits into job classifications to ensure that employees are properly classified as exempt or non-exempt, including compliance with independent contractor laws. We provide assistance and guidance to our employer clients on handling performance, discipline, and termination matters. We advise employers on remote working and navigating federal, state and local laws governing workplaces during the pandemic.

We advise our clients on the various laws that govern wage and hour matters in the workplace, including state and federal statutes and regulations governing payment of wages (including salary, commissions and bonuses), minimum wage, and overtime pay, the Independent Contractor law, state and federal Equal Pay Acts, and wage discrimination statutes. We have conducted audits to ensure that our clients have properly classified their employees as exempt or non-exempt under federal regulations. We also handle issues related to the proper classification of employees and independent contractors.