Lurie Friedman LLP



| Employment Litigation & Counseling | Representative Cases


As part of our employment counseling practice, we routinely draft or revise employment policies and handbooks, offer letters, termination notices, and all forms of employment contracts, including separation, severance, non-disclosure, confidentiality and non-solicitation and non-competition agreements. We prepare these employment documents for corporate clients as well as executives, senior-level personnel and individual employees within a wide range of commercial industries, including technology, telecommunications, education, biotechnology, publishing and financial services.

The firm’s practice also involves employment litigation in which we represent clients in court, arbitration and administrative hearings on all aspects of federal and state employment law disputes.

Non-Competition & Non-Solicitation Agreements

  • Software Company»
    We represented a Massachusetts human resources software company in actions against its former Executive Vice President for Products, Services, and Technology and his new employer involving breach of his non-competition agreement. We obtained a temporary restraining order barring the former employee from working for the new employer; and, after expedited discovery and trial, we obtained a final judgment enforcing the non-competition and non-disclosure obligations, and a monetary settlement from the new employer.

  • Manufacturing Company»
    We represented a New Hampshire millwork company in an action against its former Massachusetts sales representative for breach of his contractual non-competition, non-solicitation and confidentiality obligations. We obtained a preliminary injunction barring the sales representative from soliciting our client’s customers within his prior sales territory for one year and enforcing his non-disclosure and confidentiality obligations.

  • Service Industry»
    We represented a laundry equipment distributor in a dispute with its former president arising from his violation of his employment and non-competition agreements. We obtained a settlement after litigation in the state and bankruptcy courts.

  • Closely-Held Company»
    We defended a periodontist in a suit filed by his former employer alleging breach of our client’s non-competition agreement. After we filed a shareholder derivative counterclaim and claims against a fellow 50% shareholder, the plaintiff elected to drop all claims against our client with prejudice.

  • Medical Device Sales Employees»
    We defended four employees located in multiple jurisdictions against claims by their former employer alleging breaches of non-competition and non-solicitation agreements. We avoided litigation after negotiations with the former employer’s counsel.

  • Medical Staffing Employee»
    We defended a former employee of a medical staffing agency sued by her former company for accepting employment with an alleged competitor and for alleged misappropriation of confidential information. After extensive negotiation, the case was dismissed and a favorable settlement reached.

Discrimination & Harassment Claims

  • Disability Discrimination»
    We defended a charter tour company before the Massachusetts Commission Against Discrimination in an action by a former employee alleging wrongful discharge, disability discrimination (pregnancy), and violation of the Family and Medical Leave Act. We obtained a finding of no probable cause.

  • Age, Religion, and Gender Discrimination»
    We represented a former sales executive of a major soft drink company alleging claims for discrimination based on his age and religion. We obtained a settlement after negotiations with the company’s counsel. We also represented a former female sales executive of the same company, who had been subjected to repeated harassment by her immediate supervisor and discriminated against based on her gender, resulting in, among other things, severe emotional distress, anxiety and an inability to advance within the company. We obtained a settlement after negotiations precipitated by our demand letter.

  • Sexual Harassment»
    We represented two female employees of a local bank, who had been subjected to sexual harassment by a male employee. We obtained a settlement in response to a letter describing our clients’ claims, including the bank’s knowing and continuing failure to deter and punish the repeated instances of sexual harassment in the particular branch office.

  • Same Sex Harassment»
    We represented a former male employee of a semiconductor manufacturing company, who had been subjected to sexual harassment and inappropriate conduct by several other male employees, which resulted in severe emotional distress and anxiety. We negotiated a mutually-acceptable separation agreement and a settlement agreement with the Company.

  • Race and Sex Discrimination»
    We defended a Minnesota-based company against a federal lawsuit in Georgia by a former salesperson alleging race and sex discrimination. After moving to dismiss, we obtained a voluntary dismissal of the case.

  • Bipolar Discrimination/Retaliation»
    We defended a dental practice, three of its dentists, and its office manager before the Massachusetts Commission Against Discrimination in an action by a former employee alleging bipolar discrimination, retaliatory discharge and Wage Act violations. We obtained a favorable settlement after mediation of all claims.

Wage & Commission Claims

  • High Technology Company»
    We defended a high technology company in litigation filed by a former employee who claimed a breach of her employment agreement, sought payment of commissions, and alleged a violation of the Massachusetts Wage Act. We obtained a settlement after state court litigation and associated mediation.

  • Executive Liability»
    We defended a former executive at a software company against a claim seeking to hold him individually liable under the Massachusetts Wage Act for the alleged failure to pay a former employee salary and bonuses. The case settled after the parties filed for summary judgment.

  • Employee Claims»
    We represented several employees in a lawsuit regarding their employer’s knowing and willful failure to pay wages in violation of the Massachusetts Wage Act, and damages stemming from their retaliatory firing.  We obtained a judgment against the company and its CEO for the full amount of unpaid wages, trebled, plus attorneys' fees.

  • Minnesota Sales Commission Dispute»
    We represented a Minnesota company in numerous employment disputes, including a lawsuit and administrative wage claim filed in California by a former senior sales executive seeking post-termination sales commissions and a declaratory judgment action that we filed in Minnesota against the executive. After we obtained a determination from the California Labor Commission that it would not consider the executive’s wage claim, along with a denial by the Minnesota court of the executive’s motion to dismiss, the case settled.

  • California Sales Commission Dispute»
    We defended the CEO and CFO of an information technology company in a Massachusetts state court action by a former consultant alleging violations of the Massachusetts Wage Act and Independent Contractor Law and seeking mandatory treble damages. After negotiations concerning the applicability of these statutes to the consultant, who never worked in Massachusetts, we obtained a favorable settlement.

  • Independent Contractor Dispute»
    We represented a California-based provider of media marketing measurement services and DVD security technology in a Wage Act claim by a former chief sales officer. We obtained a settlement after persuading the California Labor Commission not to pursue the claim.

Other Employment Litigation

  • Change of Control Bonus»
    We represented a company in an arbitration before the American Arbitration Association (3 arbitrators, in New York City) in a $3.5 million claim by a former Chief Executive Officer for (i) a change of control bonus in the form of stock options, (ii) unvested stock options, and (iii) damages for breach of fiduciary duty/defamation in connection with termination other than for cause. We obtained a settlement after mediation.

  • Severance for Executive Director of Financing Authority»
    We represented the former Executive Director of a Massachusetts quasi-public authority which was merged into another agency by statute. We filed suit when the combined agency refused to make a severance payment that was due our client upon the elimination or consolidation of the Executive Director position. After denial of the agency's motion to dismiss, extensive discovery and mediation, the case settled on favorable terms.

  • Misappropriation of Confidential Information»
    We defended a former head of a coal trading company in a lawsuit by his former employer for breach of contract and misappropriation of confidential information. After discovery regarding the absence of damages, we obtained a settlement.

  • Wrongful Termination»
    We represented a former chief executive officer of a major electronics company in claims for wrongful termination and breach of an employment contract. We obtained a settlement after demand letters and negotiations with company counsel.

  • Employee Theft and Fraud»
    We represented one of the world’s largest digital and direct marketing service providers in investigating a pattern of activity under which a former employee prepared purchase orders to cause the company to purchase an excess quantity of computer components and subsequently removed the excess quantity of computer components, thereby converting hundreds of thousands of dollars worth of computer components belonging to the company for his personal use and resale. The matter was resolved after the former employee entered into a plea agreement with the local district attorney's office and the insurance company agreed to reimburse a significant percentage of the property loss (computer equipment) sustained by the company.




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