Employment Blog

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Offer Letter vs. Employment Agreement: Does it Matter?

04/05/2021   |   BY Brian J. MacDonough and Nancy S. Shilepsky

Are the terms of an offer letter enforceable? If the offer is accepted, the answer is usually a resounding “yes,”... Read More »

Wooden gavel resting on its end on a wooden table in front of an open law book conceptual of a judge or courtroom.

Discrimination Alert: Most Employees of Religious Institutions Remain Protected, At Least for Now

03/09/2021   |   BY Nancy S. Shilepsky

On March 5, 2021, the Supreme Judicial Court of Massachusetts (the SJC), issued a decision that prevents religious institutions from... Read More »

The CARES Act and Your Compensation: What Every Executive Should Know

04/17/2020   |   BY Brian J. MacDonough and Nancy S. Shilepsky

Signed into law on March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) provides access... Read More »

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Unequal Bargaining Power and Hardship May Make a Post-Employment Restriction Unenforceable: New Guidance from Massachusetts’ Highest Court

02/26/2020   |   BY Nancy S. Shilepsky

On October 1, 2018, the Massachusetts Non-Competition Act, MGL c. 149, sec. 21, went into effect. Without a doubt, the... Read More »

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Our “Top Five to Ten” List of Important Recent Cases

10/01/2019   |   BY David I. Brody and Nancy S. Shilepsky

In order to keep our readers abreast of recent developments and legal trends, we are continuing our “top five to... Read More »

3D illustration of "FIDUCIARY DUTY" title on legal document

Fiduciary Duties: Expansion of Protections for Shareholder-Professionals

06/18/2019   |   BY David I. Brody and Nancy S. Shilepsky

As a general rule in Massachusetts, the officers and directors of a corporation do not owe fiduciary duties to individual... Read More »

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Severance: Practical Guidance for the Departing Executive

11/19/2018   |   BY Brian J. MacDonough and Nancy S. Shilepsky

With rare exceptions, employment relationships are not permanent. Indeed, in many cases, executives and professionals should not expect guaranteed employment... Read More »

A bronze color statue of a blindfolded woman holding a justice scale up in front of her with her left hand, and a sword in her right.

This Just Isn’t Right: Using Equitable Claims and Remedies to Right a Wrong

11/19/2018   |   BY Nancy S. Shilepsky

There are some cases in which something is just not right, but there is no legal remedy. Instead, one may... Read More »

"Non-Compete Agreement" written on the top of a paper.

Are Non-Competes Enforceable in Massachusetts? Finally, Some Answers

08/22/2018   |   BY Brian J. MacDonough and Nancy S. Shilepsky

For years, when asked by clients whether non-competition agreements are enforceable in Massachusetts, lawyers have had to say “it depends.” ... Read More »

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LEGAL ALERT: Updated Equal Pay Act, Effective July 1, 2018

04/30/2018   |   BY Nancy S. Shilepsky

On July 1, 2018, the new Massachusetts Equal Pay Act takes effect.  The Office of the Attorney General has published... Read More »

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There is No Such Thing as “Boilerplate”: Protecting Equity and Deferred Compensation

04/20/2018   |   BY Brian J. MacDonough and Nancy S. Shilepsky

Typically, an executive separating from employment is asked to sign a severance agreement in exchange for severance.  Severance agreements may... Read More »

Wooden gavel resting on its end on a wooden table in front of an open law book conceptual of a judge or courtroom.

Sexual Misconduct and the Definition of “Cause”

02/15/2018   |   BY Brian J. MacDonough and Nancy S. Shilepsky

The Balles v. Babcock Power Inc. decision sheds light on whether sexual misconduct constitutes “cause” and provides go-forward guidance to... Read More »