Boston Business & Employment Litigation

Employment

A dedicated and loyal workforce is an employer’s most valuable asset. Progressive employers seek to become leaders in their industries by offering competitive wages and benefits, maintaining a safe and productive work environment, and providing real opportunities for growth. Yet disagreements with employees are bound to happen, even when an employer is trying its best. Particularly in troubling economic times, almost any action by an employer, however justified or well intentioned, can give rise to allegations of unfairness or wrongful conduct. These pressures are compounded by an ever-expanding array of employment laws and regulations and sometimes surprising judicial decisions.

At HRW, we recognize the challenges faced by today’s employers and their human resource professionals. Through day-to-day counseling and training, we help clients avoid workplace disputes. And if litigation becomes necessary, we offer clients the highest-quality litigation and courtroom capabilities.

          Counseling & Training

At HRW, our goal is to help our clients avoid workplace disputes. To that end, we provide our clients an array of counseling and training services specifically tailored to help them understand and comply with applicable employment laws and regulations. Using this proactive approach, we not only help our clients minimize their legal liability and exposure, but we also enhance their ability to establish and sustain a productive and positive relationship with their workforces.

HRW’s experienced attorneys counsel clients through all stages of the employment relationship, from hiring to termination, and the myriad issues that arise in between. Our clients look to us to:

• Draft employment contracts, manuals, handbooks, policies, offer letters and other documents that clearly establish the expectations of employees and employers.
• Prepare strong, enforceable non-competition agreements and non-disclosure agreements designed to protect a company’s intellectual assets, good will, and trade secrets.
• Guide them in understanding and adhering to complex laws and regulations, such as those governing workplace safety and wage and hour compliance.
• Advise them on workforce restructurings, plant closings, and lay-offs.
• Educate managers and employees regarding compliance with state and federal anti-discrimination laws.
• Assist them in crafting appropriate accommodations for persons with disabilities under the Americans with Disabilities Act (ADA) and similar state laws.
• Manage long-term leaves of absence to comply with the intricacies of the Family & Medical Leave Act, the ADA, the Uniformed Services Employment and Reemployment Rights Act, and state workers’ compensation laws.
• Conduct internal investigations and prepare investigation reports and disciplinary paperwork.
• Manage volatile disciplinary situations and terminations.
• Help them in becoming aware of and preventing workplace violence.

HRW’s attorneys are also certified, expert trainers. We have conducted dozens of seminars and instructed hundreds of managers and supervisors in such areas as sexual harassment prevention, reasonable accommodation of disabilities, discrimination, progressive discipline and termination, internal investigations, and wage and hour issues.

To enhance our ability to provide training and counseling to our clients, HRW has developed a unique alternative to the traditional law firm hourly billing: the HRW Labor & Employment Service Program, or LESP. We recognized that some employers, concerned about running up a legal bill, sometimes hesitate to contact their attorney to ask about what is perceived to be a routine employment issue, only to discover later that the issue has escalated into a major and costly dispute. Through membership in the LESP, clients need not worry about escalating, hourly-rate legal fees. Instead, LESP members pay a flat monthly fee and receive 24/7 access to a team of HRW attorneys who are available to provide telephone counseling on an as-needed basis. At no additional cost, HRW attorneys will also come to a client’s business, review key employment documents, and conduct executive and manager training on a variety of employment topics. Participation in the LESP program has the added benefit of allowing HRW’s attorneys to gain greater understanding of the dynamics of a client’s workplace, which will enhance our ability to assist a client in avoiding or resolving disputes with minimal cost or disruption. For more information about the LESP, click here.

          Employment Litigation

HRW’s lawyers are often able to favorably resolve even the most difficult and sensitive employment matters. But when a settlement is not possible or is not the best option for a client, HRW’s attorneys have the skill and experience to defend the case. With uncompromising commitment, our trial lawyers have vigorously and successfully defended employers against claims alleging:

• Harassment
• Discrimination
• Retaliation
• Failure to Accommodate Disabilities
• Wrongful Discharge
• Defamation
• Breach of Contract
• Violation of Wage and Hour Laws, including class actions
• Negligent Hiring and Supervision
• Violations of Non-Competition and Non-Disclosure Agreements

In addition to handling cases in all courts in Massachusetts, HRW’s attorneys regularly appear on behalf of employers in matters before multiple state and federal agencies, including the Massachusetts Commission Against Discrimination (MCAD), the Equal Employment Opportunity Commission (EEOC), the Massachusetts, Attorney General's Office, the Department of Labor, the Massachusetts Division of Administrative Law Appeals, the Occupational Safety and Health Administration (OSHA), the Massachusetts Division of Unemployment Assistance, and the Massachusetts Department of Industrial Accidents.

HRW’s attorneys recognize that employment litigation is often emotionally charged and can cause adverse publicity for an employer, both internally and externally. We help our clients manage and minimize the fall-out of negative publicity so that they can keep their business operations on track. For more information about our Litigation capabilities, click here.