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Firing Executives for Cause: Recent Case Offers Lessons 04/06/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News, Employment.
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M0846523In employment and labor attorney Scott Connolly‘s new article “Firing Executives for Cause: Recent Case Offers Lessons“, Scott discusses how the outcome of Eric Balles v. Babcock Power, Inc. offers contract drafting lessons for corporate and employment attorneys who represent executives and companies. Much can turn on whether an executive is fired “for Cause”.  If Cause exists, an executive’s employment contract almost always provides that the executive shall receive no severance benefits – typically post-termination salary and health continuation and, less commonly, accelerated vesting of stock.  In addition, stock agreements may provide that, when Cause exists, an executive’s stock is subject to repurchase by the Company at a minimal price.

Because the stakes are so high, employment lawyers tend to fight the hardest during contract negotiations on termination and severance provisions and the definitions of Cause and “Good Reason” (the corollary that allows executives to leave, but still receive severance benefits).

To continue reading about firing executives for Cause, read the full article.

Scott Connolly Weighs in on Massachusetts Family and Medical Leave Act 03/08/2017

Posted by Morse Barnes-Brown Pendleton in Attorney News, Employment.
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M0846523In a recent Mass Lawyers Weekly article “MCAD: duty of employer extends past FMLA period“, employment attorney Scott Connolly discusses employer responsibility under the FMLA, as it relates to a recent decision of the Massachusetts Commission Against Discrimination (MCAD).

The decision in M.C.A.D & LaPete v. Country Bank for Savings supports developing case law that a disabled employee may be unable to communicate effectively, requiring the employer to know when they must engage in an interactive process if the employee has asked for accommodation of their leave. Connolly explains the development of the law in this area and describes best practices for complying with the requirements of leave and disability laws.

Said Connolly:

“As of about 10 years ago, it was common practice for employers to insert firm cutoff dates for leave into their employee handbooks. As the law has developed, however, it has become clear that such arbitrary end dates will not withstand legal scrutiny.”

For more insight into employer responsibility when dealing with employee leave, read the full article: Family medical leave return to work.

You may also be interested in: Five Employment Law Traps for CFOs

 

Employment Attorney Scott Connolly Rejoins MBBP 09/05/2012

Posted by Morse Barnes-Brown Pendleton in Attorney News, MBBP news.
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Employment Attorney Scott ConnollyMBBP is pleased to welcome back Scott Connolly to our firm and our growing employment law practice. Scott has broad experience, both as in-house and outside counsel, helping employers achieve their business objectives while complying with federal and state employment laws. For more than 10 years, he has guided employers through the full spectrum of issues that arise from the employment relationship, including those issues most likely to lead to litigation such as wage/overtime disputes, employee discipline and performance problems, sexual harassment and other workplace investigations, terminations, and reductions in force. Scott focuses on providing employers with practical advice, protective policies, key employment agreements, and workplace training to prevent expensive and resource-consuming litigation and to help businesses protect their customer relationships and intellectual property.

Scott also has extensive employment litigation experience and has successfully tried cases through jury verdict. He regularly represents clients before state and federal courts and agencies, including the Massachusetts Commission Against Discrimination, the Equal Employment Opportunity Commission, the Massachusetts Attorney General’s Office, and the Department of Labor, in cases involving claims of employment discrimination, harassment, retaliation, wrongful termination, wage-hour violations, and litigation involving non-competition and trade secret matters.

For more information on our labor and employment law practice, please visit our practices page.

Please contact Scott with any employment law questions.

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