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...

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.

Matter

Discrimination Defense

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

Blog

Are You Paying Attention to your Classifications?

DOL Scraps Trump-era Interpretative Letters and 60,000 U.K. Uber Drivers Entitled to Worker Benefits It has been a big day for changes on the worker classification front. In the last 24 hours, Britain’s highest...

Event

2021 Employment Law Annual Update Series: Part Three

Join us for the third part of our 2021 Employment Law Annual Update! The virtual series will continue through the year on the third Thursday of each month . This year, we are taking...

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

This Week's Show: COVID 19 and Workers’ Compensation

On Saturday, January 16, Tawny interviewed Elizabeth Smith, Counsel in Verrill's Employment and Labor Group, for this segment of HR Power Hour. For this episode, Beth and Tawny discuss what COVID-19 means for workers'...

News

35 Verrill Attorneys Named 2020 Super Lawyers and Rising Stars

(November 9, 2020) – The 2020 edition of New England Super Lawyers and Rising Stars© has recognized a total of 35 Verrill attorneys for excellence in their individual areas of practice. Only the top...

Blog

This Week's Show: Maintaining Mental Health at Work

On Saturday, November 21, Tawny interviewed Lindy Graham, LCSW and Founder of Wellspace Maine, and Celine Frueh, Human Resources Director of Allagash Brewing Co., for this segment of HR Power Hour. For this episode...

News

Verrill Welcomes Labor and Employment Attorney Emily Coombs

(January 13, 2021) – Verrill is pleased to welcome attorney Emily Coombs to the firm as a member of the Employment & Labor Group, resident in the firm’s Portland, Maine office. Coombs draws on...

Contact Verrill at (855) 307 0700