For Employers

Mr. MacLean provides counseling to employers regarding their “day to day” employment-related needs. He keeps clients alerted to legal developments and also recommends best practices for clients, so that they can mitigate against the risks of legal claims. There are an infinite number of issues that can arise in the workplace, but areas in which he frequently provides counsel include disciplinary action or termination of employees, reductions in force, leaves of absence, personnel policy updates, and payment of wages.

Upon being notified of an allegation of discrimination or harassment in the workplace, employers should promptly investigate that allegation and take prompt remedial action that may be necessary. Among other things, having experienced outside counsel conduct such an investigation can help protect against claims that the investigation was biased. As a result, many employers utilize outside counsel to conduct investigations. Mr. MacLean's extensive employment law experience makes him uniquely qualified to assist organizations with their workplace investigations.

In addition to representing employers to avoid or mitigate the risk of a claim, Mr. MacLean also represents employers in the defense of claims of discrimination, harassment and retaliation. He frequently appears before state and federal courts, as well as the administrative agencies charged with hearing claims of discrimination, harassment and retaliation.

Although Massachusetts is an “at will” employment state, there are still various reasons why termination of an individual’s employment may be illegal. For example, an employee may have a contract that sets certain conditions on termination, such as “just cause” or a payment of severance. Courts have also identified circumstances when an individual’s termination from employment violates public policy, and is therefore illegal. In addition to counseling employers to help avoid such claims, Mr. MacLean also represents employers in the defense of wrongful termination claims.

Employers cannot wrongfully withhold earned wages from an employee, or retaliate against an employee for complaining about unpaid wages. While these requirements appear to be straightforward, they can be confusing in practice and the penalties for non-compliance are onerous, including triple damages. Mr. MacLean provides counsel and represents employers regarding these issues.

There are several overlapping state and federal laws that impact employee rights during a leave of absence or sick leave. In Massachusetts, there are laws regarding paternal leave, time off for jury duty, sick leave, disability accommodations that may require a leave of absence, and other “small necessity” leaves. These laws work in conjunction with federal law, including the Family Medical Leave Act (FMLA). Employers often need counsel and representation in order to navigate these complex laws or to defend against a claim in connection with them.

Various laws prohibit employers from taking adverse employment action (such as a demotion, salary decrease, or termination of employment) against individuals who “blow the whistle” regarding certain misconduct in the workplace. Among others, there are laws protecting employees of public companies, state and federal government employees, and health care workers. Mr. MacLean counsels and represents employers seeking to avoid liability in connection with a potential or actual whistleblower claim.

Mr. MacLean advises employers on written employment and severance agreements. He can help prepare such agreements and also analyze them to determine an employer’s rights under an existing agreement. There are key provisions to an employment agreement, which may include compensation, performance expectations, grounds for termination, potential for severance, and post-employment restrictions such as non-competition and non-solicitation.