Employment Litigation and Counseling
The most important resource for many businesses and institutions is their
workforce. The majority of Americans increasingly spend more time at their
workplace than engaged in other activities. DeMoura | Smith has an active
practice guiding employers and employees through the legal and regulatory
landscape of "work".
DeMoura | Smith employment attorneys appear before regulatory agencies
and in court on employment matters. The Firm's attorneys have appeared
and defended employment-related claims in state and federal courts, in
multiple jurisdictions, including all New England states, and before the
following agencies and commissions:
- U.S. Equal Employment Opportunity Commission,
- New Hampshire Commission for Human Rights,
- Maine Human Rights Commission,
- Vermont Human Rights Commission,
- New Hampshire Department of Labor,
- New Hampshire Department of Employment Security
- Massachusetts Commission Against Discrimination,
- Massachusetts Department of Unemployment Assistance,
- U.S. Department of Labor, and
- U.S. Occupational Safety and Health Administration.
These employment matters currently include:
- Defending commercial landscaping company against payment of wages and misclassification
claims brought by former employee.
- Defending university in wrongful termination and breach of employment contract
action brought by former administrator.
- Prosecuting non-compete and trade secret claims against former manager
of utility service company.
- Drafting employment policies and procedures for educational institutions.
DeMoura | Smith's attorneys have also successfully resolved thousands
of matters through verdict, dispositive motion or settlement, including:
- Numerous dismissal and summary judgment decisions in favor of employers
in wrongful termination actions, ERISA disability benefits cases, retaliation
claims, worker's compensation actions and discrimination claims.
- Defense verdict in multi-million dollar Massachusetts federal court action
for financial services company accused of fraud and misrepresentation
in connection with its employee stock option plan.
- Jury verdicts for employers in wrongful termination claims, breach of employment
contract actions, and suits alleging race, gender and disability discrimination,
retaliation, sexual harassment and reverse discrimination in state and
- Successful representation in public hearings before state anti-discrimination
commissions and the EEOC and numerous "no probable cause" findings
before these agencies.
- Favorable resolution for national ambulance company against class-action
FLSA wage claims brought by EMTs.
DeMoura | Smith attorneys have tried hundreds of cases, many involving
the employment relationship. These matters require experienced and aggressive
counsel to provide case management, coordination of early and thorough
investigation retention experts, significant document review and production,
sophisticated analysis, and sometimes administrative and judicial advocacy.
DeMoura | Smith has a track record of success representing clients in employment
cases. The Firm's experienced advocates work with their clients to
rapidly respond to the these claims, defend the client's interests
and reputation, preserve all material evidence and resolve these important
matters favorably and as efficiently as possible.
The Firm's trial lawyers recognize that the adversary process is a
time-consuming and expensive drain on a business's resources and diversion
of management's attention from operations, growth and achievement
of other important corporate objectives. Bearing this in mind, they engage
in early and continuous assessment, designed to advise the client whether
to reach resolution through settlement or discovery and trial of the case.
Either way, the Firm's trial attorneys use their considerable advocacy
skills and experience to achieve the most successful result in a cost-effective
and time-conscious manner.