Reardon Law Office


Employment Law


Healthcare Law, Litigation & Public Policy   Medical Licensure & Discipline ♦ Employment Board of Registration

The lawyers of Reardon Law Office LLC have successfully represented some of New England's largest employers as well as individual employees in employment law claims over the past thirty years.  Having represented both the employer and the employee gives our attorneys a unique perspective on legal issues ranging from contract disputes, discrimination claims, harassment claims, contract negotiations, wrongful termination, violation of the Family and Medical Leave Act, and disputes leading to litigation.               


Contracts

The attorneys at Reardon Law Office LLC have over thirty years of experience in drafting and reviewing contracts for clients.  These contracts include employment contracts, merger contracts, real estate contracts, new business contracts, referral contracts, and everything in between.  


The art of the contract is very important.  Sometimes the smallest omission in a simple contract can cause the biggest headache.  Our lawyers have reviewed contracts, leases, and other agreements for clients from simple one page documents to complex thirty page agreements. 


Our firm can be involved at any step of the process, whether it be in the initial drafting of a contract, a review of an already existing contract, or in Court to argue the validity of a contract.  Our attorneys are here to make sure your needs are protected.


The best time to receive legal advice is before any legal document or contract is signed.  Even the most straightforward contract can contain a clause or certain terminology that can create major issues down the line.  The simple wording of phrases can formulate legal obligations on a party that they are not aware of.  Having an experienced and qualified lawyer review your contract and suggest additional language can save you a lot of time, money, and headaches in the future. 


Corporate Services

Our firm handles a wide array of corporate matters for both small and large businesses in New England. These services range from assisting in the setup of a new company or venture to representing established businesses at every level at trial. Our firm also offers services to assist companies and small business to avoid, manage, and resolve any potential disputes before or once they arise.Ares of corporate services our firm can assist with include: Antitrust and Competition, Asset Protection, Bankruptcy and Corporate Reorganization, Capital Markets, Condominium/Co-operative Development and Conversions, Construction and Development, Construction Litigation, Corporate Governance, Environmental Law, Foreign Investment, Franchise Dispute Resolution and Litigation, Franchise Purchase and Sale, Franchise Registration, Compliance, and Development, Government Real Estate Permitting, Licensing, and Compliance, Health Care Real Estate, Homestead Act, Intellectual Property Law, Joint Ventures, Land Use and Zoning, Loan Transactions, Mergers, Acquisitions, & Divestitures, Outsourcing, Personal Planning, Practice Mangement, Private Equity & Venture Capital, Public Sector Real Estate Transactions, Real Estate, Real Estate Acquisition, Disposition, and Leasing, Real Estate Distressed Assets, Real Estate Finance, Investment, and Development, Real Estate Litigation, Renewable Energy, Tax, and Technology Team.



Discrimination

Allegations of discrimination, including age discrimination, sexual orientation discrimination, race discrimination, handicapped discrimination, and gender discrimination, in the workplace have increased significantly over the past few decades. As a result, the laws governing  complaints has changed rapidly and become much more complex.  The attorneys at Reardon Law Office LLC have represented individuals and corporations in these actions at the administrative level and throughout trials and appeals. We have recently handled several successful claims at the Massachusetts Commission Against Discrimination (MCAD).Our lawyers have also successfully mediated and arbitrated such claims when the situation warranted.  Success or failure in these actions will often be determined by the approach taken at the outset of the action.  Therefore, our attorneys provide strategic counsel from the outset with the goal of attaining our clients goals and objectives.



Labor and Employment

The attorneys at Reardon Law Office LLC have extensive experience in New England regarding representation of clients with labor and employment law issues.  These issues can arise after years of successful employment or in the midst of a new venture.  Charges such as the filing of unfair labor practices, complaints, and administrative and court proceedings can cause major problems for employers and employees alike.

Our lawyers have vast experience with collective bargaining agreements, both in the formation and in litigation.  Our lawyers can help draft contracts that minimize the risk for misinterpretations that can lead clients to have to defend their contracts in front of arbitrators, government agencies, or the Court.


Our firm has experience dealing with the laws, regulations, and statutes which govern such labor issues as relocations, closings, successorship, corporate transactions, training seminars, contract negotiation, collective bargaining, legal interpretations, appeals, arbitrations, preventative strategies, work stoppages, and other labor-related lawsuits.


As with anything, it is better to avoid any potential conflict or litigation before it arises and that is why our firm offers training and counseling to employers and employees in this area.


Licensure and Discipline

As part of the employment process, many professionals are subjected to a rigorous credentialing process.  Employees, such as health care professionals, usually undergo this credentialing process every two or three years.  Further, as part of the credentialing process, the employer is required to oversee the practice of the provider and investigate concerns raised about their practice.  If the credentialing body determines that the care being provided is substandard, corrective action may be recommended in such a situation, there are policies and procedures which govern the rights and responsibilities of both parties.  These guidelines must usually be strictly adhered to.   These policies and procedures are usually referred to as “Peer Review” investigations and are governed by special statutes, regulations and professional staff by laws. 


Our attorneys have counseled both institutions and providers about the peer review process so that all obligations are met; rights are protected; and proceedings are privileged.   We have also represented parties in such proceedings.  Finally, we have successfully represented parties before the Massachusetts Supreme Court when the confidentiality and conduct of such peer review proceedings were challenged.  


Our firm represents professionals in disciplinary hearings and reciprocity hearings before the commonwealth and state professional licensing board. In the health care industry, our attorneys have represented physicians, dentists, psychiatrists, nurses, pharmacists, physical therapists, and other medical professions before the Board of Registration in Medicine and other licensing authorities for over thirty years.  


Our lawyers have also represented medical professions at disciplinary hearings at hospitals, nursing homes, and other various medical facilities.   Our attorneys have also been litigating in the Courts and before administrative agencies on behalf of health care professions for over 30 years.


Our team has also represented health care professionals in hospital-based peer-review proceedings.  We provide representation to clients who are already in the discipline or investigation process and counsel to clients who have a concern regarding potential discipline.


Non-Competition Agreements

Many employment agreements contain non-compete agreements.  Most states have laws that regulate when non-compete agreements are enforceable.  For example, a clause that is too restrictive in time or geography may not be enforceable.  Certain professions are prohibited from being subject to a non-compete agreement such as medical providers.


Non-Compete Agreements have become increasingly prevalent in the workplace today and they are enforceable.  The benefit to the employer is that these agreements can protect their business interests, trade secrets, privacy, and client base if an employee ultimately decides to leave the company.  They also can prevent an employee from taking his or her insider knowledge to competitor's company.  Every non-compete agreement is unique which is why the assistance of an experienced attorney is so beneficial in this area.


Therefore, legal input is important to the parties when drafting such agreements and when attempting to enforce or prevent the enforcement of such clauses. Procedurally, Courts are often called upon to review such agreements on an expedited basis known as injunctive relief.


The lawyers at Reardon Law Office LLC have represented clients during the negotiation of such agreements as well as in injunctive proceedings when the employment relationship breaks down.  Gaining timely, strategic legal counsel in these matters is crucial if the goals and objectives of the client are to be fulfilled.



Retaliation

Claims for “retaliation” arise when a person alleges that they suffered an adverse employment action because they had made complaint about unlawful treatment by their employer.  Many courts have held that a claim for retaliation will stand even if the original complaint is found to be not legitimate.  Thus, courts have held that if an employee can prove that the real reason for their termination was their prior complaint about being discriminated against in the workplace rather than the reason given by the employer, a cause of action could be pursued for retaliation rather than discrimination.  There are very specific laws and regulations governing these claims.  Thus, the approach taken by parties involved in such claims is critical to success in the action.  Our attorneys have represented many parties involved in matters alleging retaliation and therefore, can advise about the best strategic approach to gain the desired outcome for our clients.


The attorneys at Reardon Law Office LLC have over thirty years of experience handling cases of retaliation for both the employer and the employee at every level from the Massachusetts Commission Against Discrimination (MCAD) to a peer review hearing to the trial court to the appeals court.  Several of our cases have even setup important guideposts in terms of current law today.


Retaliation can include any adverse action that is taken against an employee for filing a lawful complaint with their employer or supporting another employee's complaint.  If an employee is "punished" for filing a complaint or supporting another employee's complaint, that can amount to unlawful retaliation.  However, a negative performance evaluation after a complaint, for example, does not automatically constitute retaliation.  That is why it is important not only to consult with an attorney after a claim of retaliation but as soon as a complaint has been filed (if not before).  


Another area that has been very prevalent in retaliation claims over the past decade are employees claiming that an employer has retaliated against them after the employee applied for medical leave under the Family Medical Leave Act.