Tag Archives: Employment Litigation

Constructive Discharge Claims: Recent Appellate Decision Narrows Availability

In our defense of employers, we often see the situation where an employee who has quit makes the argument as part of the claim that the actions of the employer compelled the employee to resign. This “constructive discharge” argument can … Continue reading

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“Remembered Information” Not Entitled to Trade Secret Protection

What happens when a former employee, who had signed a non-competition agreement with your company, starts calling on your customers?  Can you seek to enforce the agreement and prohibit the former employee from soliciting your customers? Case law in Massachusetts … Continue reading

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EEOC Issues Fact Sheet on Bathroom Access Rights for Transgender Employees

Just weeks after Bob Kilroy and Amanda Baer presented on this topic at the Firm’s Annual Labor and Employment Seminar, the Equal Employment Opportunity Commission (EEOC) issued a Fact Sheet entitled Bathroom Access for Transgender Employees Under Title VII of … Continue reading

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SJC Makes It Easier For Plaintiffs to Survive Summary Judgment

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Massachusetts plaintiffs will now have an easier time staving off an employer’s motion for summary judgment and reaching trial, even if they cannot ultimately prove that the employer’s real reason for its action was unlawful discrimination. Continue reading

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