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 Maine Law Limits Employers’ Ability to Request Applicant Criminal History Information

Last month Governor Mills signed into law LD 1167, “An Act Relating to Fair Chance in Employment.” Maine joins a growing number of states in adopting a “ban-the-box” law that restricts employers’ ability to...

Publication

Six Take-Aways from EEOC’s Updated COVID-19 Guidance

The U.S. Equal Employment Opportunity Commission ("EEOC") published guidance in December 2020 advising how EEO laws, including the Americans with Disabilities Act, Title VII of the Civil Rights Act, and the Genetic Information Nondiscrimination...

Publication

Court Upholds Maine Employers' Discretion Not to Pay for Unused Vacation Time

In January, the First Circuit issued an opinion upholding a lower court's decision that rejected a former employee's attempt to get paid for unused vacation time following his resignation from employment.  See White v...

Publication

Understanding the New COVID-19 Vaccine Mandate for Healthcare Workers

Many Maine healthcare facilities were already in the process of evaluating, drafting, and implementing mandatory vaccine policies when the Maine Department of Heath and Human Services issued an Emergency Routine Technical Rule on the...

Publication

The Latest from OSHA on Mitigating and Preventing the Spread of COVID-19 at Work

On the tails of updated guidance from other agencies, the U.S. Department of Labor Occupational Safety and Health Administration ("OSHA") released new pandemic-related guidance last month. This guidance was issued on June 10, 2021...

Publication

How to comply with Maine’s new paid leave law

Fittingly, “Vacation Land” is among a small contingent of states that have a paid leave law on the books.  Maine, however, is somewhat unique in that the paid leave afforded under the new law...

News

46 Preti Flaherty Attorneys Selected by Peers for Inclusion in Best Lawyers in America 2022, Including 3 “Lawyers of the Year”

Forty-six Preti Flaherty attorneys have been named to Best Lawyers in America 2022, including four “Ones to Watch” and three “Lawyer of the Year” recipients. Inclusion in Best Lawyers in America is considered a...