Rodman Employment Law FAQ
Why should I hire Rodman Employment Law?
Rodman Employment Law provides inspired advocacy anchored by the client’s objectives. We are unapologetically relentless in our pursuit of our clients’ goals. In addition to being aggressive advocates for our clients, we are also compassionate coaches for as we navigate the stressful employment situation. We are serious about the love we have for our clients who, in the aggregate, comprise some of the top minds in the Boston area in the fields of medicine, biotechnology, technology, pharma, law, and others.
Do you represent employers and employees?
Yes, we are quipped to handle employment law issues on both employer and employee sides. Our employer clients hire us to litigate claims, investigate issues arising in the workplace, draft employment documents (i.e., non-competes, NDAs, severance agreements, termination letters) and navigate compliance with applicable laws. Our employee clients need help understanding their legal options, advancing legal claims, and reviewing and negotiating employment documents (i.e., non-competes, NDAs, severance agreements).
I’d like to schedule a time to discuss my situation.
Please contact our offer to arrange a Quick Consult, which costs $250 for 30-minutes. During your confidential consultation, you will receive feedback from one of our attorneys on your employment issue(s) that will provide you with a better understanding of what you need to do to achieve your goals.
Is everything confidential?
Lawyers are obligated to keep attorney-client communications confidential. This rule applies to everyone at Rodman Employment Law, not just the lawyers.
If you take me on as a client, what is the typical time frame until of resolving a claim?
There is no one answer to this question, in part because of the many variables involved: you, the other side, your lawyers, the other side’s lawyers, perhaps most importantly, the Court. Some cases are resolved prior to litigation in a matter of months. A case that goes all the way to trial is more likely to last 2-3 years.
I haven’t been fired yet, is it too early to hire Rodman Employment Law?
No! In fact, we encourage you to hire us as soon as a workplace issue presents itself. Engaging us before termination can be very helpful in your effort to avoid getting fired or to negotiate a resolution while you are still employed.
I just got fired. Is it too late to hire an employment lawyer? What are my options?
It’s not too late to hire an employment lawyer. Sometimes it’s not possible to recognize why something went wrong until after you are terminated. An employment lawyer can look at the facts and determine whether you have a case. Also keep in mind that if your employer offers you severance, you should consult a lawyer before signing it.
I just received a severance agreement. Should I sign it?
Excellent question, and one that requires an understanding of the circumstances surrounding your exit from the company, what the company is offering, and what your continuing obligations are. Typically, before signing a severance agreement, you should speak with an employment lawyer.
Do you offer free consults?
Rarely. We’ve found that potential clients want actual legal advice during our first call, which is not something we can provide without, at minimum, a limited engagement.
Does your firm take cases on a contingency fee basis?
In exceptional cases, we do take cases on a contingency fee basis. This means that our fee is a pre-determined percentage of the amount of money we recover for you. It also means that if we are unsuccessful, we don’t get paid. While we don’t take every case on a contingency fee, we recognize the value in offering flexible fee arrangements.
What laws in Massachusetts protect employees from unlawful conduct?
There are too many to list! Employees in Massachusetts are protected by many state and federal laws.
What proof do I need to support my case?
It is nearly impossible to prove your case without evidence. Examples of evidence are: your offer letter, the employee handbook, emails between you and your company regarding your employment or the issues you’ve raised, your termination letter, a severance agreement, pay stubs, or other documents that support your position.
Do employment law cases typically go to trial or a private settlement?
The trend today is that cases are more likely to settle than be tried. That doesn’t mean that cases are not fought in court, but cases do not typically proceed all the way through trial. Consider these statistics published by the Massachusetts Trial Court: in 2017, approximately 18,000 civil cases were filed in the Superior Court; only about 800 were tried. You can check out more statistics by visiting this link and find Trial Court metrics here.
I do not have a written contract and have been told I am an “At-Will Employee”. What does “At-Will” mean? Am I still protected under Massachusetts law?
Being an at-will employee means that you can be fired at any time for any reason, unless there is an unlawful basis for doing so. Likewise, you can quit at any time for any reason. You are most certainly still protected by state and federal employment laws.
Is there a statute of limitation of when I can file a claim against my employer?
Yes, every claim has a statute of limitation, meaning that it must be filed within a certain amount of time after the claim arose. There are many different statutes and interpretations at play, so you should consult an attorney if you are concerned about that.
What types of damages can I recover in an unlawful employment claim against my employer?
You may be entitled to back pay (pay you did not receive because of your former employer’s unlawful conduct), front pay (pay you would have earned had your employer not behaved unlawfully), emotional distress damages, punitive damages, and other non-monetary damages.
Who is your typical employer client?
While every client has its own unique needs, our employer clients are typically small businesses which big enough to have employees, but so big that it needs its own, dedicated, in house counsel. We represent employers in many industries, including insurance, healthcare, retail, technology, and many others. Sometimes our clients need help on an on-going, ad hoc basis dealing with employment law issues that arise; others utilize our litigation services in the defense of legal claims.
I need to terminate an employee, but I am concerned about a lawsuit. Can you help with that?
Yes! It is a good idea to be planful when making employment decisions especially if you have reason to believe that legal claims may exist, whether, or in the mind of the employee.
My company has been sued. What should I do?
You need legal counsel ASAP as there are important deadlines you must adhere to protect the company’s rights. Please contact us to arrange a consult.