General Counsel Law is equipped to skillfully conduct the full range of employment-related legal services to clients. Mr. Plante performs human resources audits of policies and procedures to evaluate compliance with applicable state and federal employment laws. He provides updates in line with applicable law and best practices. He drafts policies and procedures, ensuring they are tailored to your organization. If legal issues or questions arise, such as advice on terminating an employee, he is a call away.
If updates or new materials are needed, as a Boston employment lawyer, General Counsel Law can also those draft policies and procedures, ensuring they are tailored to your organization. If legal issues or questions arise, such as advice on terminating a teacher, your outside general counsel is just a call away.
Employment Agreements
One of the most fundamental aspects of the employer-employee relationship is the employment agreement. These contracts establish the rights and responsibilities for both the employer and employee. These contracts usually address a range of essential elements, such as job responsibilities and non-compete agreements.
Employment agreements can vary widely depending on the industry you work in and the role that you fill. The best employment agreements are clear and unambiguous, even when they cover a complex range of issues.
When Mr. Plante works with employment agreements, we are focused on more than just complying with the law. Our goal is to minimize the risk to our client in every scenario. Whether you need an agreement drafted or would like to have legal counsel look over a proposed agreement, General Counsel Law is here to help.
Wrongful Termination
Wrongful termination occurs when an employee is fired for reasons that violate the law. Massachusetts operates under “at-will” employment presumptions, which means that either party can terminate the relationship for any lawful reason. However, there are exceptions that can make a firing unlawful, especially when it involves discrimination based on membership in a protected class.
You could have a wrongful termination claim if you can show that you were fired because of your race, gender, age, disability, religion, or national origin. In fact, your rights extend beyond simply being fired, as you can pursue damages for retaliation as well.
These claims are complex, and attempting to pursue them on your own is a mistake. Our firm has spent years navigating wrongful termination cases in Boston, and our experience could be invaluable to you.
Common Employment Disputes
The unfortunate reality is that employment disputes can crop up over time. Even when the relationship is strong at first, cracks can begin to show after years of employment. Some of the most common types of employment disputes include the following:
Wage and Hour Disputes
Disputes over wages and employee classification are especially common. When you are not paid what you are owed or denied benefits you deserve, your employer could be in violation of either state or federal law. Employers must accurately classify workers and ensure wage practices comply with evolving regulations.
Discrimination
Workplace discrimination is, unfortunately, still a common occurrence. These claims can involve a wide range of behavior, from the creation of a hostile work environment to discriminatory discipline. When employers fail to address discrimination or harassment, it can lead to a dispute with their employees.
Non-Compete Disputes
Non-compete clauses, non-solicitation agreements, and confidentiality provisions often spark disputes when employees leave a company. Employers may seek to enforce post-employment restrictions to protect trade secrets or customer relationships, while departing employees may challenge these provisions as overly broad or unenforceable under state law.
Retaliation Claims
Employees are protected from retaliation for engaging in legally protected activities, such as reporting safety violations or filing complaints with government agencies. Retaliation claims typically result from discipline or termination in the immediate aftermath of these legally protected activities.
Constructive Discharge
Constructive discharge occurs when an employer’s conduct makes working conditions so intolerable that they feel like they have no choice but to quit. In other words, they are not directly fired by their employer but put in a position where staying is unbearable. This is often used as an excuse to get rid of someone for a discriminatory reason.
How an Employment Attorney Can Help
There are plenty of reasons why you might benefit from the support of a Boston employment law firm. Some common examples include the following:
Drafting Employment Agreements
An employment attorney can draft, review, and negotiate employment agreements tailored to your business. This goes beyond making certain you comply with the law, as the terms of these agreements determine your rights and responsibilities.
Preventing Wrongful Termination Claims
Employment counsel can offer proactive strategies to reduce the risk of wrongful termination claims. This includes training managers on lawful termination practices and ensuring any discipline is both documented and legally justified.
When termination is unavoidable, an attorney can help an employer conduct the process in a way that minimizes legal exposure, while also advising employees on their rights and potential legal remedies if termination appears unlawful.
Resolving Wage, Hour, and Discrimination Disputes
An employment attorney is indispensable when addressing wage and hour issues, discrimination complaints, or harassment allegations. A lawyer can conduct investigations, represent parties in negotiations or administrative proceedings, and, if necessary, litigate these matters in court or arbitration.
Whether defending an employer against a discrimination claim or advocating for an employee’s rights, experienced counsel navigates the statutory framework and evidentiary requirements that these disputes entail.
Enforcing Restrictive Covenants
If a dispute arises over non-compete or confidentiality provisions, an employment attorney can help enforce or challenge these restrictions based on their scope, duration, and reasonableness under state law. Attorneys understand how courts evaluate restrictive covenants and can tailor strategies to protect your interests.
Mediation, Arbitration, and Litigation Support
Not every employment dispute ends up in court, but when alternative dispute resolution is required, an attorney ensures your position is articulated effectively and your rights are protected. Whether it’s mediating a settlement or representing a client at trial, having the support of a lawyer is invaluable.
Learn How a Boston Employment Lawyer Can Help
The term “employment law” covers a wide range of issues, including virtually every aspect of the relationship between employers and employees. Whether you own a business or work for one, there may be a time when you need the support of a Boston employment lawyer.
At General Counsel Law, we have extensive experience resolving employment disputes. What’s more, we know how to help you take steps to avoid these conflicts entirely. If you are ready to discuss your options, reach out for a confidential consultation today.