Employment Law

Yurko, Salvesen & Remz has significant experience litigating all kinds of disputes arising from the employment relationship, and advising employers and employees in such matters.  We have litigated and tried numerous cases claiming race, age, gender, disability and other forms of employment discrimination, before the Massachusetts Commission Against Discrimination, and the EEOC, as well as in civil court.  We represent clients in industries including construction, technology, financial services, advertising, recruiting, manufacturing, and education to name a few.

Our lawyers have extensive experience in wage and hour litigation and compliance, routinely consulting with businesses regarding the complex and changing law regarding wage and hour issues.  We have defended companies against many private wage and hour actions as well as investigations and enforcement actions by the Massachusetts Attorney General.  We have also acted as counsel to select, typically high worth, individuals regarding FLSA issues, employment agreements, stock agreements, severance payments and severance packages.

We have particular expertise in the area of employee non-competition, non-solicitation, and non-disclosure agreements.  The firm has successfully enjoined former employees against competition in violation of such covenants, and also avoided the application of such agreements to our clients who are subject to them or which have hired employees subject to them.  

We have successfully litigated numerous wrongful termination matters, and contract and tort actions arising in the employment context.  The firm frequently represents clients before administrative agencies and in investigations and enforcement proceedings by state and federal agencies.  We consult with businesses regarding employment agreements, independent contractor agreements, restrictive covenants, employment related contracts, employee and supervisor policies and handbooks, payroll practices, FLSA issues, equity rights, and many other issues.  Matters we have handled for clients include the following:

• Represented company in action against three former employees who were competing against company in violation of non-competition agreements. After obtaining preliminary injunction against the defendants, action settled on favorable terms.

• Obtained preliminary injunction on behalf of client company enforcing non-competition agreement against former employee in retail-related industry, leading to favorable resolution of dispute.

• On a motion for summary judgment, obtained significant sum for client arising from wrongful termination of its client’s ERISA disability benefits.

• Represented the sponsor and two participants of a 401(k) retirement plan in an ERISA action against the plan administrator alleging that the administrator had wrongfully withheld significant plan monies. Within one month after filing the action, the Firm obtained all of the funds that the plan had wrongfully withheld and a portion of the plan’s attorney’s fees.

• Represented numerous senior executives of public and private companies in connection with negotiating employment, severance, equity ownership, and similar agreements.

• Successfully enforced a non-competition agreement on behalf of our client, a national tourism company, against a former sales director, for the full term of the agreement, preserving significant revenue for the company.

• Secured a beneficial settlement for former employees of a technology company and their new company in this multi-state litigation charging unfair competition, trade secret theft and fraud arising from the filing of certain patent applications.

• Obtained dismissal of MCAD petitions alleging various forms of discrimination and retaliation including disability, age,  and other suspect classes.

• Represented large privately held company in multiple wage act complaints by former employees, as well as an Attorney General’s investigation into the books and records of the company and intended enforcement action resulting from such complaints.  We resolved the individual complaints, and  effected an omnibus settlement of all claims with the Attorney General for a small proportion of the alleged damages.