Employment Law

Employment Law

Martineau, Davis & Associates represents and counsels both employer and employee clients in a wide variety of labor and employment law matters. We draft the documents that our employer clients need to recruit and retain a diverse and talented workforce, build a workplace free of discrimination and harassment, and comply with their obligations under state and federal law. We help employee clients negotiate employment law agreements and proposed severance packages, and deal with the devastating effects of harassment and discrimination in the workplace.

Martineau, Davis & Associates is equipped to provide exceptional legal advice and advocacy in the following areas:

Drafting and reviewing documents that define the scope of the employer-employee relationship, including:

  • Employment applications and questionnaires
  • Employment agreements
  • Privacy policies
  • Employee non-competition agreements
  • Employee handbooks
  • Separation agreements and severance packages

Investigating and responding to employment discrimination and harassment claims, including claims of:

  • Age discrimination
  • Gender discrimination
  • Sexual harassment
  • Pregnancy discrimination
  • Race, ethnicity, and national original discrimination
  • Religious discrimination
  • Disability discrimination
  • Sexual orientation discrimination
  • Hostile work environment
  • Constructive discharge
  • Retaliatory discharge / whistleblower

Complying with state and federal laws and regulations governing the employment relationship, including:

  • Fair Labor Standards Act (FLSA)
  • Family and Medical Leave Act (FMLA)
  • Title VII
  • Americans with Disabilities Act (ADA)
  • Age Discrimination in Employment Act (ADEA)
  • Rhode Island Fair Employment Practices Act
  • Chapter 151B of the Massachusetts General Laws

Representing clients before state and federal administrative agencies, including:

    • Rhode Island Commission for Human Rights
    • Massachusetts Commission Against Discrimination (MCAD)
    • Equal Employment Opportunity Commission (EEOC)

This NPR article delves into the issue of Social Media and work. What’s private…legally speaking? 

What is employment law?

Employment law is the law of the workplace. It covers all stages of the employment relationship, including recruitment, hiring, training, the terms and conditions of employment (e.g. benefits, harassment policies), promotion, discipline, and termination.

What is the reason you chose to practice employment law?

I chose to practice employment law because it’s personal. The employment relationship is one of the most important relationships in a person’s life. Oftentimes, we spend most of our waking lives at work and are defined by the work that we do. When things are going well in the workplace, we develop a sense of purpose, meaning, and fulfillment from the work that we do and the interpersonal relationships that we form. However, when things are not going well, it easily can spill over into other areas of our lives.

What sets you apart from other attorneys in your area who practice employment law?

Many attorneys who practice employment law will represent only employees or only employers. I represent both. I regularly get to see the employment relationship from both sides. Representing and counseling employers and employees has given me valuable insight and perspective into the unique interests and concerns on both sides of the employment relationship.

As an employer, what laws must I follow when hiring new employees?

Employment law is a minefield for those who are unfamiliar with the laws, rules, and regulations that govern the employer-employee relationship. One of the most important parts of my job as an employment law attorney is to advise and counsel my clients on the steps that they need to take to comply with their legal obligations as an employer. For example, employers have a legal obligation to provide their employees with a workplace that is free of sexual harassment. However, they often do not know what specific, concrete steps that they need to take to prevent or address sexual harassment. My job is to outline those steps.

Why should we choose MDA as our attorney to handle our employment law cases?

MDA has substantial experience with employment law cases in both Massachusetts and Rhode Island. We represent both employers and employees, so we have experience with both sides of the employment relationship. We have actively litigated cases before the Massachusetts Commission Against Discrimination and the Rhode Island Commission for Human Rights as well as cases in the federal system with the Equal Employment Opportunity Commission (EEOC). We are extremely passionate about advocating for our clients and will fight for what we believe is in their best interests.

Martineau Davis & Associates is committed to aggressive advocacy for our clients while maintaining the highest level of professionalism, integrity, and ethical standards. Contact us at 401-234-0751.

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