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Service Areas
Employment
Members of the Employment Law Group use a proactive approach to guide our clients through the complex maze of employment and labor law issues. Our emphasis is on litigation avoidance and creative problem solving in an efficient, common sense manner. When it becomes necessary to litigate, we bring many years of experience to bear to successfully defend cases through trial. Our aggressive defense permits us to negotiate favorable settlements for our clients.
What we do.
Posternak’s employment attorneys counsel employers in the day-to-day management of their workforce. This includes the full range of issues such as wrongful termination, discrimination, breach of contract, enforcement of agreements not to compete or disclose confidential information, and labor relations matters. Our emphasis is on counseling clients to avoid disputes and litigation. For example, we provide comprehensive training programs for managerial and supervisory personnel.
The Employment Group comprises experienced litigators who have represented clients in the state and federal courts, as well as administrative proceedings before agencies in many states, including the Massachusetts Commission Against Discrimination (MCAD), the Equal Employment Opportunity Commission (EEOC), the Occupational Safety and Health Administration, and the U.S. Department of Labor.
Our attorneys are experienced in alternative dispute resolution, including mediation and arbitration. We routinely advise clients in connection with the drafting and formulation of employee handbooks, severance agreements, employment contracts, offer letters, and personnel policies such as Family and Medical Leave Act, sexual harassment and drug testing. We also conduct comprehensive audits of personnel practices and make recommendations for better administration of human resources functions. Posternak attorneys also represent clients in labor relations issues such as grievance arbitration, in proceedings before the National Labor Relations Board and in negotiating collective bargaining agreements.
The Employment Group works closely with attorneys in the firm’s Business Department to meet our clients’ broad range of legal needs. In addition, we counsel clients on employee benefits issues, including ERISA, retirement plans, stock option plans, and COBRA.
Representative matters we have handled for employers and insurers.
- Defense of EEOC religious discrimination class action lawsuit in federal court in Chicago.
- Defense of unfair labor practice charges before the National Labor Relations Board in Massachusetts and Washington, D.C.
- Defense of wage and hour claims in federal and state courts in Massachusetts.
- Defense of Family and Medical Leave Act claims in Massachusetts federal court.
- Defense of discrimination claims nationwide.
- Defense of race, sex, disability and age discrimination claims in Massachusetts federal and state courts, including a federal class action age discrimination case.
- Successfully defended client in connection with a diversity discrimination investigation by the New York City Human Rights Commission.
- Defense of closely-held companies in breach of fiduciary duty claims.
- Successfully convinced various courts to issue injunctive relief on behalf of employers in non-compete and non-solicit cases or where disclosure of confidential information was at risk.
- Represented employers in numerous labor arbitrations.
- Negotiated collective bargaining agreements on behalf of unionized employers including handling strikes and other forms of labor strife.