Employment Litigation

We represent employees and employers, large and small, in a range of issues and disputes, including advice and litigation concerning restrictive covenants, non-competition, non-solicitation and non-disclosure agreements, confidentiality obligations, claims for gender, race, disability and age discrimination, retaliation, sexual harassment, claims for violations of the wage and hour laws and under the Family Medical Leave Act and wage and hour claims in the state and federal courts. We have represented numerous family-owned businesses and family members operating and working in those businesses with respect to employment claims, such as minority shareholder “freeze-out” claims and claims with respect to employment rights in those businesses.

We frequently advise entrepreneurs, investors and inventors as to their rights and obligations under the employment-related documents of a particular business entity or venture and litigate those matters where appropriate to do so. We also represent employers and employees in drafting and negotiating employment agreements, separation agreements and severance agreements.

Some representative successes include:

  • Following our filing of a Position Statement with the Massachusetts Commission Against Discrimination, the complainant (represented by counsel) withdrew her Complaint, thereby disposing of the matter.
  • The Business Litigation Session found that our client, who worked as the Executive Director and Manager of an athletic and fitness club and oversaw all facilities for 50 years, stated claims for breach of contract, promissory estoppel, unjust enrichment and quantum meruit against his brother, the former owner of the club and the real estate on which the club operated, following the sale of the premises for over $32 million.
  • We defeated defendant’s Motion for Summary Judgment on the claims of our client, a senior executive in the pharmaceutical industry, for gender discrimination and retaliation.
  • We brought suit in the Superior Court on behalf of a senior executive in the credit card payments industry for breach of contract, promissory estoppel, and unpaid wage under the Massachusetts Wage Act, c. 149, §148, leading to the rapid resolution of all claims.
  • In a case of first impression in the Commonwealth of Massachusetts, the Superior Court granted summary judgment in favor of our client, holding that the President of a closely-held family corporation was not authorized to terminate the employment of an employee/manager absent approval of the Board of Directors where the Board had appointed the employee to his position.
  • We defeated a Motion for Preliminary Injunction in the Superior Court where a Fortune 100 company sought to prevent several sales representatives from joining our client’s team.
  • In the highly competitive medical device industry, we obtained enforcement in the Superior Court of a two-year restrictive covenant against a former employee more than 15 months after he had left our client’s employment.
  • Following expedited discovery, the Massachusetts Federal District Court enforced two-year non-competition agreements against two employees who had left our client’s employ seven months earlier with generous separation packages.
  • We obtained summary judgment for our client in an action alleging a contract for long-term employment.
  • We have achieved settlement of employment-related claims in the seven figures and high six figures.
  • We have negotiated employment agreements, restrictive covenants and other related documents on behalf of executives and employees in start-up ventures in the high tech and biotech fields.