Representative Matters

EMPLOYMENT EXPERIENCE

General Employment Law Matters—represent and counsel employers regarding:

  • Interviewing, applications, and hiring
  • Employment discrimination
  • Employment contracts
  • Restrictive covenants
  • Independent contractor agreements
  • Personnel file issues
  • ADA issues
  • Pregnancy-related issues
  • Employee handbooks, policies and procedures
  • Family and Medical Leave Act issues
  • State paid leave laws
  • Posting and recordkeeping requirements
  • Performance evaluations
  • Disciplinary actions
  • Employment torts
  • Severance policies and procedures
  • Settlement agreements and releases
  • Investigation of workplace harassment matters
  • Developing and auditing personnel policies and procedures
  • Manager and supervisor training on personnel practices
  • Human Resources “help desk” support

Litigation—represent employers in defending claims before administrative agencies and in court, including:

  • Discrimination claims brought under Title VII, ADEA, the ADA, or comparable state law, including race, age, sex, religion, disability, national origin, and sexual orientation discrimination
  • Sex harassment and other harassment/hostile work environment
  • Family and Medical Leave Act interference and retaliation
  • Fair Labor Standards Act and Wage and Hour
  • Wage Payment and Collection Law
  • Wrongful Discharge
  • Enforcement of Restrictive Covenants
  • Whistleblower Retaliation

Workplace Safety and Health—represent and counsel employers regarding:

  • COVID-19 related workplace safety issues, including compliance with OSHA General Duty Clause

Mergers & Acquisitions:

  • Perform labor and employment due diligence and report on risk

Representative Litigation Matters:

  • Defended healthcare industry client in race and national origin discrimination claim by terminated employee.
  • Defended healthcare industry client in religious discrimination claim by unsuccessful job applicant.
  • Defended engineering industry client in disability discrimination claim by terminated employee.
  • Defended hospitality industry client in race discrimination claim by terminated employee.
  • Defended childcare industry client in race discrimination claim by former employee who resigned from employment.
  • Defended energy industry client in sex discrimination and whistleblower retaliation claims by terminated employee.
  • Defended manufacturing industry client in wage claim by former employee who resigned from employment.
  • Defended restaurant industry client in sex discrimination claim by terminated employee.
  • Defended forestry industry client in sex discrimination and harassment claims by terminated employee.
  • Defended retail and design industry client in disability discrimination claim by terminated employee.
  • Defended finance industry client in age and disability discrimination claims by current employee.
  • Defended shellfish industry client in whistleblower retaliation claim by terminated employee.
  • Defended energy industry client in sexual orientation discrimination claim by former who resigned from employment.
  • Defended manufacturing industry client in racial harassment and discrimination claim by terminated employee.
  • Defended healthcare industry client in racial harassment and discrimination claim by terminated employee.
  • Defended public official in sex discrimination claim by terminated state employee.

OTHER REPRESENTATIVE EXPERIENCE

  • Defended education client in misrepresentation and breach of contract claim brought by student and prevailed at bench hearing.
  • Defended healthcare industry client in ADA Title III public accommodation disability discrimination claim.
  • Defended correctional healthcare industry client in ADA Title III public accommodation disability discrimination claim.
  • Prevailed on motion to dismiss nine-count complaint alleging tort and contract claims in pandemic-related commercial dispute between special event industry service providers.
  • Represented clients in achieving successful resolution of anti-terrorism case against large producer of bananas brought by family members of U.S. citizens kidnapped and killed by guerrillas in Colombia.  Lead role in facilitating production of discovery and preparing fact and expert witnesses for depositions and trial as well as taking and defending depositions.
  • Represented client in commercial dispute with contractor in case involving remediation in accordance a Nuclear Regulatory Commission-approved decommissioning plan in order to achieve license termination.  Claims against the contractor involved escalating change orders and failure to complete the work within the projected timeline and budget and in accordance with the appropriate degree of skill.
  • Represented clients in premise liability and other personal injury claims.
  • Represented client in defense of town administrative action involving violations of shoreland zoning requirements.  This involved advising the client regarding the town’s administrative process and negotiating a consent agreement with town officials to obtain favorable resolution of the outstanding violations.
  • Represented clients before town administrative bodies in support of and in opposition to various permit applications or projects.
  • Represented clients before Maine’s Land Use and Planning Commission, including drafting permit application packages, retaining and interfacing with consultants, and interpreting Commission rules and regulations and crafting successful legal arguments to advance client objectives in the face of NIMBY opposition.
  • Represented clients before town administrative bodies to obtain subdivision approval.
  • Represented client in defense of RCRA citizen suit involving mercury-contaminated sediments and biota in one of New England’s largest river systems and estuary.  This multi-phase litigation involved a month-long trial in federal district court in Maine and testimony from twenty-two witnesses in various technical disciplines related to contaminated sediment such as fate and transport, stable isotope analysis, marsh geochemistry, biology, and remediation engineering.
  • Represented client in CERCLA and toxic tort litigation involving the emerging contaminant PFAS and extensive groundwater contamination.
  • Oversaw and advised client regarding portfolio of contaminated sites across the country and participated in cooperating parties group allocation negotiations in connection with state-ordered remediation.
  • Represented client in toxic tort litigation involving copper exposure in drinking water and obtained favorable pre-trial settlement.
  • Advised client during implementation of state-ordered remediation plan and successfully petitioned state for a “contained-out” determination pursuant to EPA guidance.
  • Obtained favorable pre-suit resolution of case involving toxic tort claims associated with a home heating oil spill.
  • Provide yearly comprehensive summary to Maine client regarding statutory and regulatory environmental requirements applicable to their business operations.

Firm Highlights

Publication

New EEOC Poster Requirement and Guidance on Notice-Posting in Hybrid Workplaces

The U.S. Equal Opportunity Commission (“EEOC”) recently updated the “EEO is the Law” poster and replaced it with a new one: “ Know Your Rights: Workplace Discrimination is Illegal .” The new poster was...

Publication

FTC Proposes New Rule Impacting Legality of Non-Compete Agreements

Background Over the last several years, non-compete agreements, which prevent workers from joining a competitor or starting a competing business for a time after separating from employment, have become less common as states enact...

News

Preti Flaherty Attorneys Recognized for ILAP Support

Several Preti Flaherty attorneys were recognized for their support by the The Immigrant Legal Advocacy Project (ILAP) in its  2021 Annual Report . ILAP's goal is to help low-income immigrants improve their legal status and promote...

News

Fifteen Preti Flaherty Attorneys Selected for Inclusion in 2022 Super Lawyers

Fifteen Preti Flaherty attorneys have been selected for recognition by Super Lawyers , including seven Rising Stars. Super Lawyers rates outstanding lawyers throughout the United States in more than 70 practice areas. Only five...

Publication

Reminder to Continue to Update Policies and Practices to Reflect Latest COVID-19 Guidance

You might be sick of thinking about COVID-19 but people are still getting sick and employers must take appropriate action to keep the workplace safe. There has been a steady increase this summer in...

Publication

What to Expect When You're Expecting: Two New Federal Laws Expand Workplace Rights and Protections for Pregnant and Nursing Employees

On December 29, 2022, President Biden signed two (2) bills into law that expand workplace protections for pregnant and nursing employees—the  Pregnant Workers Fairness Act  (the "PWFA") and the  Providing Urgent Maternal Protections for...

News

46 Preti Flaherty Attorneys Selected by Peers for Inclusion in Best Lawyers in America 2023, Including 6 “Lawyers of the Year”

Forty-six Preti Flaherty attorneys have been named to Best Lawyers in America 2023, including three “Ones to Watch” and six “Lawyer of the Year” recipients. Inclusion in Best Lawyers in America is considered a...

Publication

Another Reminder to Update Policies and Procedures to Reflect Latest COVID-19 Guidance

We  last updated you in early August  regarding the latest COVID-19 quarantine and isolation guidance from the Centers for Disease Control and Prevention (“CDC”).  Cold and flu season is now upon us, and experts are...