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.

Shaw's Supermarket: Decertification Petition

We represented Shaw's Supermarket chain in decertification petition for 1,100 employees covering nine stores in western Massachusetts. The issue was whether or not a decertification petition filed by employees could be effective after the third complete year of a five year collective bargaining agreement. The National Labor Relations Board held that the company did appropriately withdraw recognition of the union based on a petition and an independent verification by an outside accounting firm of the veracity of the signatures and numbers.

This case was part of an ongoing series of cases concerning after-acquired store litigation and automatic recognition through authorization cards. The case is significant because it confirmed a process of decertification through independent verification in order to meet the heightened standard of the certainty of the employees wishing to no longer be represented.

Firm Highlights

Blog

This Week's Show: Wellness for Modern Teams

On Saturday, June 26, Tawny interviewed Mike Vien, CEO and Co-founder of Wallit, for this segment of HR Power Hour. For this episode, Tawny and Mike discuss wellness for modern teams. Mike Vien is...

Publication/Podcast

Employers Required to Give Free COBRA Coverage to be Offset by Medicare Tax Credits

Among other things, the American Rescue Plan Act of 2021 (“ARPA”), signed into law on March 11, 2021, provides “assistance eligible individuals” (“AEIs”) who lose their health insurance coverage under an employer’s group health...

Blog

Massachusetts COVID-19 Emergency Paid Sick Leave Forms

As many readers know, on May 28, 2021, An Act Providing for Massachusetts COVID-19 Emergency Paid Sick Leave was passed. The Act creates a fund for the Commonwealth to reimburse eligible employers who provide...

Blog

Public Accommodation Laws and Vaccination Inquiries

Last week, the EEOC provided updated COVID-19 guidance to employers on vaccines and vaccine incentives in the employment realm. One area, however, in which the agencies has been silent is in the public accommodation...

Blog

This Week's Show: Change Leadership

On Saturday, June 5, Tawny interviewed Mary Axelsen, WeMaax Consulting Founder & CEO, for this segment of HR Power Hour. For this episode, Tawny and Mary discuss CARE Change Framework and the work that...

Blog

OSHA Issues Emergency Temporary Standard for Healthcare Settings

Earlier today (June 10, 2021), OSHA issued COVID-19 Emergency Temporary Standard (ETS) Subpart U applicable to healthcare settings. While OSHA has indicated that future guidance may be provided for other industries, today’s guidance is...

News

32 Verrill Attorneys, Across Three Offices, Recognized in 2021 Chambers & Partners Guide

(May 27, 2021) – Verrill has been rated as a Leading Firm in a total of 11 categories and subcategories as evaluated by London-based Chambers & Partners, one of the world's most respected legal...

Blog

This Week's Show: Navigating the Medical Minefield Today

On Saturday, June 5, David Ciullo, co-host of HR Power Hour, interviewed Dr. Shantanu Nundy , Chief Medical Officer of Accolade, for this segment of HR Power Hour. For this episode, David and Dr...

Blog

Future of Non-Competes: Insights into Executive Order Promoting Competition in the American Economy

Blog

This Week's Show: Innovation and Leadership Skills Needed in 2021 and Beyond

On Saturday, July 3, David Ciullo, co-host of HR Power Hour, interviewed Ryan Estis, national speaker, consultant, coach, and advisor , for this segment of HR Power Hour. For this episode, David and Ryan...

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