Employment Law
The Law Office of David A. Miller, PC provides legal advice for employers and employees including employment contracts, severance agreements, wrongful discharge, employee termination, workplace misconduct, sexual harassment and discrimination cases.
At the Law Office of David A. Miller, PC, we understand that employment issues can arise frequently in the workplace and having effective legal counsel who can navigate these sensitive issues to reach the best result is key whether through negotiation, mediation, arbitration or litigation.
The Commonwealth of Massachusetts is an at-will employment state, meaning that either the employee or the employer can end your relationship at any time; wrongful termination cases succeed on limited grounds. It is possible to have wrongful termination claims involving breach of contract, public policy issues such as severance pay, whistleblower, executive compensation and similar matters. Employment relationships are the subject of significant litigation and dispute because employers and employees are often unclear on their role and the parties often fail to properly define the responsibilities for the position in advance of engagement. Discrimination and harassment in the workplace can be very subtle and come in many different forms such as, age, race, gender, religion, and even a person's weight can all be the basis of discriminatory or harassing actions.
Employers and employees can opt out of the at will employee status by electing to enter into employment contracts for valued employees. It is essential to negotiate and enter into the most favorable terms possible for an employment contract whether we are representing the employer or the employee as the pros and cons of employment contracts can result in significant positive and/or adverse results if not negotiated properly.
We also advise and negotiate on behalf of both employers and workers who seek to enter into independent contractor relationships and avoid certain employment laws if the independent contracts meet IRS guidelines.