Trial Practice and Litigation

Employment Litigation

The employer-employee relationship is fundamental to the success of any organization, but also inherently complex and subject to wide-ranging regulatory oversight. When employment disputes arise, they can be highly personal, emotional, and contentious, requiring litigation attorneys with the skill and experience to reach optimal outcomes.

Operating one of the largest and most sophisticated business law practices in northern New England, McLane Middleton is a leader in employment litigation. We counsel employers on risk management related to employment issues and develop cost-effective litigation strategies that support their business objectives.

Our employment litigation work takes many forms in many venues. Members of our team regularly appear before state and federal courts, the EEOC, state human rights commissions, federal and state departments of labor, the department of employment security/unemployment assistance, OSHA and the IRS. When appropriate for a client’s needs, we apply our deep experience in pre-trial mediation, arbitration, and related alternative dispute resolution methods.

Learn more about McLane Middleton’s employment law practice group.

Representative Matters

Wage and Hour:

  • Defended regional bank against claims of misclassification of employment in wage and hour claim
  • Represented staffing company in wage and hour class action involving claim of misclassification
  • Defended restaurant franchisor against Massachusetts Wage Act claims relating to overtime and travel time, resulting in favorable out-of-court settlement
  • Represented dental practice in wage and hour claim under the Massachusetts Wage Act, resulting in pre-litigation settlement

Discrimination and Harassment

  • Represented private school in claim of disability discrimination before state human rights commission
  • Represented technology company in claim of disability discrimination before state human rights commission
  • Defended retailer against claims of disability discrimination and sexual harassment, leading to a favorable settlement at mediation
  • Represented staffing company in defending against claims of racial discrimination and non-payment of wages, resulting in favorable settlement
  • Defended healthcare client in claims of harassment and discrimination in workplace
  • Successfully defended regional bank in claim of disability discrimination, resulting in favorable settlement
  • Successfully obtained no probable cause finding for company on former employee’s claims of discrimination and retaliation based on age and disability
  • Successfully obtained defense jury verdict for manufacturing company after an 11-day jury trial on claims of gender and sexual orientation discrimination and retaliation
  • Reached a positive settlement in mediation for a software company defending against gender discrimination and retaliation claims before the Massachusetts Commission Against Discrimination

Wrongful Discharge

  • Successfully defended nonprofit in claim of wrongful discharge, resulting in pre-litigation favorable settlement

Whistleblower

  • Successfully defended small business in whistleblower claim involving federal preemption defense

Trade Secrets, Confidential Information and Restrictive Covenant Enforcement

  • Represent technology company in misappropriation of confidential information and breach of non-solicitation agreement by several key executives
  • Successfully represent manufacturing company in misappropriation of trade secrets claim involving several former employees, resulting in large money damages award and agreement by former employees to cease engaging in conduct in violation of agreement
  • Successfully resolved claims for management company seeking to enforce restrictive covenants after obtaining order for former employee to produce cellphone for forensic imaging and review
  • Represented large insurance brokerage in multiple claims, both affirmative and defensive, of violation of restrictive employment covenants

Group of four warehouse employees walking by storage racks. Warehouse employees walking through aisle and talking.

Health and Safety

  • Successfully represented construction company in OSHA investigation and complaint, resulting in dismissal of charge of serious violations
  • Negotiated a favorable settlement in mediation for a construction subcontractor defending against a Massachusetts Worker’s Compensation “Section 28” claim

Contract

  • Successfully enforced relocation agreement for manufacturer and obtained judgment for relocation fees plus costs, interests, and attorney’s fees
  • After a five-day jury trial, successfully obtained verdict and award of attorney’s fees for manufacturer seeking to enforce a relocation agreement and promissory note
O'Brien-Call-to-Action-Headshot

For additional information, contact Margaret "Peg" O'Brien, chair of the firm's Employment Law Practice Group.

Contact Peg
Hamel-Call-to-Action

For additional information, contact Adam Hamel, vice chair of the firm's Employment Law Practice Group.

Contact Adam