Resources
Experience

Associational Disability Discrimination

We represented Morgan Stanley Smith Barney against plaintiff's claims of associational disability discrimination, retaliation for anticipatory use of FMLA and wrongful discharge under New Hampshire common law. The Court granted Summary Judgment to our clients on all four counts.

This case is an excellent example of careful fact accumulation in discovery to persuade a court that no reasonable jury could find the facts necessary to sustain a plaintiff's verdict. While the court did not reach the question of whether it would recognize a claim of anticipatory breach of a party's FMLA rights, having concluded that the jury would not be able to find that the company's legitimate reason for termination was not the real reason, it suggested that it would not permit such a claim where the employee was not yet qualified for FMLA and had not asked for such leave. The court also reaffirmed earlier cases which hold that periods of longer than 2-3 months between the alleged indicator of animus and the adverse action were too long to permit any inference of discrimination. The case is also important to show how a court should properly analyze whether there is sufficient credible factual disputes to permit the case to go to trial, which analysis was made possible by the excellent record keeping of reviews and discipline maintained by the company.

Firm Highlights

Publication/Podcast

Should You Adjust Your Plans Based on the New PPP Forgiveness Guidance?

Your inbox is likely flooded with news about the forgiveness guidance from the Small Business Administration (SBA) that came in the form of instructions on how to fill out the application. These instructions provided...

Blog

Getting Ready for Election Day: Employee Voting

Matter

Discrimination Defense

We successfully defended a regional hotel chain against administrative claims of ADA and MHRA disability discrimination.

Blog

This Week's Show: Combating Race and Sex Stereotyping

On Saturday, October 17, Tawny interviewed Benjamin Ford, Partner in Verrill's Employment & Labor Group, for this segment of HR Power Hour. For this episode, Ben and Tawny discuss combating race and sex stereotyping...

News

Nearly 80 Verrill Attorneys Recognized by Best Lawyers® 2021, Including a Dozen Named Lawyers of the Year

(August 24, 2020) – Nearly 80 Verrill attorneys were recognized as "Best Lawyers" by Best Lawyers® 2021 , including 12 attorneys named “Lawyer of the Year,” a distinguished recognition for only a single lawyer...

Matter

Discrimination Defense

We successfully defended a large aviation ground handling service company against claims of violation of the ADA and the FMLA—garnering summary judgment in their favor.

Publication/Podcast

Return to Work Plan Outline

Your return to work plan is going to be dependent on your industry, your work culture, whether you completely shut down or decreased operations during the pandemic, and the design of your workplace. At...

Publication/Podcast

Webinar Materials: Avoiding Risk & Litigation in the COVID-19 Work Environment

On May 28, Verrill attorney Tawny Alvarez and MassPay's Paul Carelis presented "Avoiding Risk & Litigation in the COVID-19 Work Environment" and discussed unknowns and liabilities for businesses when returning to work begins. Our...

Blog

What Employers Need to Know About The Families First Coronavirus Response Act - An Animation

Navigating the ins and outs of the Families First Coronavirus Response Act (FFCRA) can be difficult for employers. This animation seeks to illustrate some of the most important takeaways. Transcript: Hi, I'm Tawny, a...

News

As the Economy Reopens, Businesses Must be Aware of Possible Lawsuits

On May 11, the Bangor Daily News published an article, "Lawsuits may be next battleground for businesses as pandemic economy reopens," where legal experts give insight on the lawsuits to come as businesses begin...