Practice Areas

Employment

Sherin and Lodgen’s Employment Law Department represents executive, professionals and business clients across a range of industries, providing counseling, negotiation, and complex litigation services.

ACCOLADES

Our Employment Department is ranked by Chambers USA for “Labor and Employment: Mainly Plaintiff’s Representation” in Massachusetts. As one client noted, “My overall impression of the team is one of superb client service and great value for money. Particular strengths include extraordinary legal knowledge and skills, persistence and a fearless and unwavering commitment.”

The department is led by Nancy S. Shilepsky, a pioneer in the field of executive advocacy and a leading influence in employment law and employment litigation. Nancy’s many accolades include the distinction of being designated as a “Star Individual” for Labor and Employment (Mostly Plaintiff’s Representation) in Massachusetts by Chambers USA. A ‘Star’ ranking is given to lawyers with exceptional recommendations in their field. Nancy is the only attorney in Massachusetts who holds this distinction.

TRANSACTIONAL EMPLOYMENT PRACTICE

The firm’s transactional employment practice provides advice and representation to executive and professionals in matters including:

  • Executive and professional employment agreements
  • Short- and long-term incentive arrangements including deferred and equity compensation
  • Non-competition, non-solicitation and non-disclosure agreements
  • Termination and severance protection, including “Good Cause” and “Good Reason” strategies
  • Change in control provisions
  • Post-employment consulting agreements
  • Expatriation agreements

Because of our unique experience navigating and advising on sophisticated and complex employment and compensation terms, many of our clients continue to seek our attorneys’ advice throughout their professional careers.

LITIGATION EMPLOYMENT PRACTICE

When disputes arise, clients turn to our litigation attorneys for assistance in high-level, complex litigation work. Our attorneys have significant experience representing clients in state and federal courts and before state and federal administrative agencies in Massachusetts and other states including the Massachusetts Commission Against Discrimination (MCAD) and Equal Employment Opportunity Commission (EEOC).

Our representation includes pursuing and defending clients in matters concerning:

  • Non-competition and restrictive covenants
  • Trade secret disputes
  • Executive and professional termination disputes, including those in arbitration
  • Disputes between partners and shareholders in closely held corporations
  • Discrimination, sexual harassment, disability and leave issues, including those under Family Medical Leave Act (FMLA)
  • Wrongful termination and retaliation claims
  • Whistleblower disputes

Our experience falls into three general areas of work:

  • First, we assist executives throughout the careers with what we call the “in deals, stay deals and out deals.”  For example, over the past five years, we have represented a CEO first in his departure from one company, then in his negotiations to join a second company and, most recently, in the re-negotiation of the terms of the agreement with the second company to provide “stay” incentives ahead of an anticipated change of control.  The incentives are tied to the business deal that our client is able to broker for the sale of the company.  We have no doubt that when and if this CEO departs as a result of the change, we will be representing him as he moves forward in his career.
  • Second, we represent executives and employers in employment litigation and arbitrations, as well as partners, minority shareholders, partnerships and closely held corporations.  Our representation of clients includes all stages of litigation from preliminary injunction through trial and appeal. We have particular expertise in the litigation of restrictive covenant matters, such as non-competition and non-solicitation clauses.  Recently, we were asked by a corporate client to help repel the efforts of a competitor to gain an unfair advantage by misuse of restrictive covenants.  We skillfully and aggressively represented our clients’ interests in federal court, resulting in the diminishment of the restrictions.  Our expertise and reputation in such matters may also allow us to help our clients avoid court.  For example, recently, we brokered a deal between an individual client’s former and prospective employers such that our client was able to make an advantageous career move without the uncertainty of possible litigation hanging over her head.
  • Third, many large employers with sophisticated or complex executive compensation plans, including equity and deferred compensation, refer their executives to us because of our known ability to understand and work with those plans.  Thus, for example, we regularly receive such referrals to assist in the negotiation or re-negotiation of employment agreements / consulting agreements for health care executives, and for the recruitment or “retirement” packages for financial services executives.

Federal Tax Deductibility: Three Changes That Impact Employees

By Brian J. MacDonough and Nancy S. Shilepsky on February 12, 2018
On December 22, 2017, the Tax Cuts and Jobs Act was signed into law, making numerous and significant changes to...

Relief for Board Members and Investors in Non-Payment of Wages Cases

By David I. Brody on February 12, 2018
The Massachusetts Wage Act, M.G. L. c. 149, § 148, imposes on employers treble damages and attorney's fees for the...

MCAD Issues Guidance on the Pregnant Worker Fairness Act

By David I. Brody and Nancy S. Shilepsky on February 12, 2018
The Pregnant Workers Fairness Act becomes effective on April 1, 2018 and will be enforced by the Massachusetts Commission Against...

BEWARE: In Bankruptcy, “Equity Compensation” Treated As Equity, Not Compensation

By Brian J. MacDonough on February 12, 2018
In a January 25, 2018 decision, In re: Lehman Brothers, Inc., the Second Circuit of the United States Court of...

Supreme Court Employment Cases to Watch

Class Action Waivers - Prepared by Jessica G. Kelly In 2012, the National Labor Relation Board held that employers cannot...
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