Brian J. MacDonough quoted in MLW on Superior Court decision in Moore v. LGH Medical Group, LLC, et al.

March 22, 2021

Brian J. MacDonough, chair of the firm’s Employment Department, was quoted in Massachusetts Lawyers Weekly (MLW) on March 18, 2021. The article, “Hospital ‘offer letter’ found not to be binding contract” details Judge William M. White’s decision in Moore v. LGH Medical Group, LLC, et al. that the Lowell General Hospital’s “offer letter” did not constitute a valid, binding contract. He further determined that the doctor receiving the “offer letter” could not establish a promissory estoppel claim.

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From the article:

“While the decision does not mention whether the plaintiff had given notice to her current employer of her intent to leave, Boston employment attorney Brian J. MacDonough said the case offers a ‘classic’ reminder of the need to make sure all the t’s are crossed and i’s are dotted before taking such a step.

At least at the outset of the pandemic, such potholes for employees were popping up fairly frequently, as a downturn in the economy prompted employers suddenly to reconsider their hiring plans, he said.

MacDonough cautioned that employers would be ill-advised to take from Moore that a simple one- or two-page offer letter can never constitute an enforceable agreement. Here, the ‘very express language’ in the hospital’s offer letter was part of what helped it carry the day, he noted.