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Employment Law

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Alternative Dispute Resolution

Many clients seek to reduce the burden and expense of litigation through alternative dispute resolution mechnisms, such as mediation, non-binding and binding arbitration. The attorneys at Morgan, Brown & Joy support these efforts by specializing in the skills and experience needed for each of these unique venues. Morgan, Brown & Joy offers its clients the full range of ADR related services, including the design of enforceable ADR programs, reviewing and restructuring existing ADR programs to enhance their effectiveness and enforceability, and participating in mediation and arbitration proceedings.

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Class Action Litigation

Class actions, where there are claims brought on behalf of an entire class of individuals, demand knowledge of the specialized procedures and experience with the unique risks of this type of litigation. Morgan, Brown & Joy has defended employers in state and federal court class actions alleging gender and race discrimination and harassment, pattern and practice discrimination, employer intentional torts, and violations of the Family and Medical Leave Act. We also have experience in defending collective actions under the Fair Labor Standards Act, Equal Pay Act, and Age Discrimination in Employment Act.

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Civil Rights/Discrimination Claims

The enormous expansion of federal and state civil rights and employment law statutes has resulted in employment-related lawsuits becoming one of the fastest growing areas of civil litigation. Morgan, Brown & Joy has long enjoyed unparalleled strength in the employment litigation arena, and our practice is focused exclusively on representing management across the entire spectrum of employment-related litigation. We have defended thousands of individual and multi-plaintiff employment discrimination cases in state and federal courts around the country. Morgan, Brown & Joy's depth of experience, and our record of positive results for our clients, has earned us a reputation as a leader in the field of employment discrimination litigation.

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Contracts

Employers today utilize a variety of contracts to govern certain critical aspects of the employer-employee relationship. Morgan, Brown & Joy works closely with our clients to provide counsel about creative ways to use contracts to attain important business goals, such as: describing duties and obligations of key executives; implementing compensation packages; protecting corporate assets, goodwill, trade secrets and other proprietary information; defining the nature of the relationship between the employer and its provider of temporary employment services; and establishing the terms of difficult terminations.

Our attorneys have represented employers in drafting, negotiating and litigating issues arising from a variety of contracts, including:

  • Employment Agreements
  • Consulting Agreements
  • Independent Contractor Agreements
  • Severance Agreements
  • Confidentiality Agreements
  • Non-compete Agreements
  • Non-solicitation Agreements
  • Temporary Employment Agency Contracts
  • Inventions and Developments Agreements
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Employee Fraud Litigation

Acts of employee fraud can have devastating effects on a business. Protecting companies from employee fraud, theft of property and valuable trade secrets presents an array of challenges. Morgan, Brown & Joy is uniquely qualified to provide counseling on preventative strategies to minimize the risk of harm caused by employee fraud.

When employee fraud does occur, Morgan, Brown & Joy provides rapid response and counseling on strategic responses, internal investigations, litigation, and assessing and preparing cases for referral to law enforcement authorities when appropriate. Our team includes experienced former law enforcement officials, government regulators, in-house counsel and prosecutors able to provide measured responses that affirmatively protect the rights and interests of your company.

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ERISA Litigation

Morgan, Brown & Joy has extensive experience in defending lawsuits brought under the Employee Retirement Income Security Act (ERISA). The firm has defended clients in both class actions and individual actions concerning modifications to retiree benefits, alleged breaches of fiduciary duty, failure to receive severance benefits, and many other matters.

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Noncompete Litigation / Trade Secret Protection

In today's highly mobile economy, protecting your customer relationships, proprietary information and trade secrets from misappropriation by former employees is a critical aspect of business operations. Agreements that restrict post-employment conduct are a vital tool but only if they are handled properly. Do you know whether your agreements are likely to be enforced? Have you ensured that your company maximizes their enforcement possibility by including key terms in agreements, maintaining important company policies, and implementing related day-to-day HR practices? Morgan, Brown & Joy helps clients navigate through these complicated issues. Morgan, Brown & Joy regularly represents clients who seek to enforce restrictive agreements by employing a variety of creative means, from direct negotiation to aggressive litigation. Our attorneys routinely prosecute and defend against such claims as: breach of non-competition agreements; misappropriation of trade secrets; breach of fiduciary duty; employee raiding; and other unfair trade practices.

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Sexual Harassment Claims

In the past decade, sexual harassment claims have become one of the most common subjects of workplace-related litigation. These cases are frequently charged with emotion and involve highly-disputed claims that require careful and thorough investigation and strategy. Morgan, Brown & Joy has developed a particular expertise in the litigation of these claims, and we have represented employers and individual managers in sexual harassment claims brought in state and federal courts across the country.

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Wage and Hour Litigation

Morgan, Brown & Joy has counseled employers on the federal Fair Labor Standards Act and related state statutes since their enactment back in the 1930's. Today, plaintiffs' lawyers are increasingly focusing on wage and hour litigation, due in part to the generous remedies often afforded by federal and state law, and by the unfortunate circumstance that many employers have made wage and hour mistakes that go uncorrected until brought to light in litigation. Wage and hour disputes often involve deceptively complicated issues, and many employers function for years without realizing that they are out of compliance with the law. Morgan, Brown & Joy has represented employers at all stages of wage and benefit suits, from the first stages of an investigation by federal or state agencies, all the way to the appellate courts. Drawing on its unique legacy in this field, recently enhanced by the hiring of the former head of the Massachusetts agency overseeing wage and hour enforcement, Morgan, Brown & Joy seeks to provide innovative defenses to the many and varied claims available to employees under the governing laws.

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Workplace Tort Claims

Many claims related to employment law arise from federal and state statutory law, such as the many anti-discrimination statutes that now regulate the workplace. But Plaintiffs' attorneys also frequently invoke more traditional theories of tort law to try to fashion employment related claims. The most frequent of these claims are intentional or negligent infliction of emotional distress, intentional interference with economic advantage, false imprisonment, defamation, and - in the case of alleged sexual harassment - assault and battery. Morgan, Brown & Joy lawyers have decades of experience defending employers from workplace tort claims - whether as stand alone causes of action or whether brought as part of a "kitchen sink" complaint.

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Wrongful Termination Claims

The last 20 years has seen the development of "wrongful termination" claims, where a discharged employee seeks to recover damages even without a specific statutory violation or a commonly recognized tort or contract claim. Viable wrongful termination theories are relatively limited, with the most common alleging that the termination of an at-will employee was in violation of some strong and specific public policy. Wrongful termination claims are a relatively new development in the common law, and they are frequently brought on unusual factual allegations by an attorney hoping to expand the law, or by inexperienced practitioners and pro se plaintiffs who do not necessarily understand the limits of this new theory of recovery. Defending such claims requires experience, judgment and creativity, all of which is furnished by Morgan, Brown & Joy lawyers.

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