Navigating Employment and Equity Challenges: A Case Study
Wage Act and Minority Freezeout Challenge
Our clients found themselves facing potential litigation after terminating an employee who also happened to be a minority shareholder in the company. The threat of legal action came as a shock, with the plaintiff asserting claims under the Massachusetts Wage Act and suggesting that a merger with another entity had implications for minority shareholders' rights. Despite the baselessness of the minority freezeout claims, our clients were confronted with a familiar challenge for Massachusetts employers - Wage Act penalties for a single day's delay in paying a terminated employee.
The plaintiff, terminated from their position, raised concerns about the timing of their final payment, alleging that it violated the Massachusetts Wage Act. This act mandates that employees be paid all wages due on the day of their discharge. The plaintiff pointed to the Reuter v. City of Methuen decision, which held that employers failing to meet the Wage Act's deadlines are liable for treble the amount of late wages. This added a significant layer of potential liability. Further complicating matters, the plaintiff suggested that a merger between the employer and another entity might breach their rights as a minority shareholder, potentially invoking legal remedies beyond those specified in Massachusetts General Laws. Response and Legal DefenseWe conducted a thorough assessment of the situation, including potential counterclaims against the plaintiff for actions during their employment. Our goal was to find an efficient and cost-effective resolution to the looming legal dispute.
Through negotiation and strategic legal counsel, we were able to reach an early settlement with the plaintiff before a lawsuit was filed. This resolution came at a fraction of the cost that our clients would have incurred if they had chosen to defend the case through litigation. ConclusionThis case study highlights the importance of proactively addressing employment and equity-related challenges, even when faced with potentially baseless claims. It underscores the need for comprehensive legal strategies and up-front risk assessment to safeguard the interests of employers in Massachusetts.
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Meet Our Employment Litigation Attorneys
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with severance and non compete review and negotiation, wage and hour, discrimination and retaliation disputes, and advice about employment law generally.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients on the employee and employer side with all varieties of employment law issues, including employment discrimination, retaliation, and wage and hour issues, litigation in MCAD and state and federal courts, and advising employers about employment policies and practices.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with wage and hour, discrimination and retaliation disputes, review and negotiation of severance agreements, and litigation in MCAD and state and federal courts on employment related issues.
How We Can Help
Our experienced legal team specializes in resolving complex employment and equity disputes, offering efficient and cost-effective solutions to protect your business's interests and rights. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
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