Litigation & Counseling
OF LURIE FRIEDMAN LLP
IN REPRESENTATIVE EMPLOYMENT LITIGATION & COUNSELING
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-Solicitation Agreements
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.
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.
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.
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.
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.
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.
& Harassment Claims
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.
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.
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
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.
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.
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.
& Commission Claims
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.
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
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
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.
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»
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.
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.
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