Boston Employment Lawyer

Representing Employees and Employers Throughout Boston

At Davis & Davis, P.C. our employment law attorneys provide representation for employers and employees throughout Boston and Middlesex, Essex, and Suffolk counties. We have represented a wide variety of clients in the business world, from low-wage laborers to senior executives who have brought claims against small defendants and Fortune 500 companies. Regardless of the size of the corporate defendant, our employment lawyers level the playing field and aggressively uses its resources and know-how to pursue a claim from its beginning through its fruition. Regardless of your earnings or industry, we are dedicated to protecting employee rights.

A Thorough Understanding of Employment Law in Boston, MA

Davis & Davis, P.C. is comprised of seasoned legal counsel and trained support staff. Our legal team has presented in countless employment law and civil rights seminars, including guest lectures at the prestigious New England School of Law. These seminars are designed to teach other lawyers, HR personnel, and community leaders on a variety of employment law matters happening in Boston, such as:

• Sexual harassment in the workplace
• Discrimination Claims
• Noncompete agreements
• Wage and hour disputes
• Contract and severance package matters
• How to manage a successful employment law firm

Learn more about us or read answers to our frequently asked questions about employment law.

• Related: What Kinds of Behavior Could be Considered Sexual Harassment?
• Is An Employee Handbook a Contract?

Compliance with Labor Law Is Not Always Intuitive for Employers

Our Boston employment lawyers primarily represent employees, but we also have a strong growing base of corporate clients. We will interview small to mid-size corporations that need assistance complying with the myriad employment laws and will help resolve employment-related claims by employees. Our lawyers make effective communication a necessity in fostering a good work environment and uniform goals. This is the cornerstone of all of our attorney-corporate client relationships. While our goal is to keep our corporate clients out of the courtroom, if litigation is unavoidable, we will provide zealous representation in the courtroom.

Related Employment Law Blogs

• How to File an Employment Law Case
• An Employee's Duty of Loyalty
• Employment Discrimination – Statute of Limitations

Employment Law Questions and Answers

• Job titles are often misleading. It is important to look at the work being performed. Some companies (intentionally or unintentionally) misclassify workers as independent contractors when in reality these workers are employees of the company. As a result, these workers are not entitled to the same benefits as employees and have to pay the ‘self-employment tax’ of 7.65 percent because the company is not making contributions, (i.e., FICA, FUDA). While the federal law uses a test called the ’20 factor test’, Massachusetts uses a much more stringent test that is set forth in the statute. Massachusetts companies should be cautious about identifying workers as independent contractors who have an ongoing relationship with the company.

• A Massachusetts court will enforce a non-compete agreement only if it is necessary to protect trade secrets or goodwill. The agreement must also be reasonable in scope (i.e., time and geography) and if it furthers the public interest. Massachusetts companies cannot use these agreements to restrict general competition. Employees have numerous defenses to assert which can invalidate the non-compete obligations. These defenses are particular to each situation, so employees are advised to consult with an attorney prior to signing a non-compete or non-solicitation agreement and prior to taking steps that might violate one that is already in place

• Probably not. Most employee handbooks explicitly and clearly communicate that the handbook does not grant any contractual rights or protections to the employees. In fact, the handbook probably starts off with a disclaimer that explains that employees are ‘at will’ employees, which means that they can be fired with or without cause or notice. Some companies that use outdated or poorly drafted handbooks sometimes unintentionally open the door to claims. Business owners take note – it is better to have no handbook than a poorly drafted handbook.

Contact Davis & Davis to get help with your employment law case.