Massachusetts Labor and Employment Attorneys
Boston Labor and Employment Lawyers

Practice Areas and Legal Definitions

Massachusetts Employment Discrimination:

Employment discrimination generally occurs when an employee is intentionally treated differently because of the employee's race, color, religion, national origin, disability, gender, sexual orientation or age.

Even if the employee's evidence is sufficient to show discrimination, an employer may be able to justify this action by proving such treatment arose out of business necessity, or that a legitimate job qualification required consideration of a factor that had an unintentional discriminatory effect. When the employer makes such a legitimate justification, the employee must show that discrimination, not the employer's justification, was the true reason for the action.

Age Discrimination:

It is unlawful for an employer, employment agency, or Labor Union to discriminate in employment against anyone because of his or her age. This includes refusing to hire an individual or firing an employee. It also includes an individual's compensation, terms, conditions, privileges of employment and all employee benefits.

Massachusetts Disability Discrimination:

Both the ADA and the Rehabilitation Act protect individuals with disabilities. An individual with a disability is defined as someone who has a physical or mental impairment that substantially limits a major life activity, has a record of having such a physical or mental impairment, or is regarded as having such impairment.

The term is broadly defined to include any physiological, mental, or psychological-based impairment, but it does not include mere physical characteristics or cultural, environmental, or economic impairment-the impairment must cause a substantial limitation to a major life activity. Temporary conditions, such as a broken arm or the flu, would not be considered substantial limitations.

Family Medical Leave Act Claims:

The Family and Medical Leave Act of 1993 (FMLA) was created as a way of providing employees with a means of coping with the challenging demands of family and home. It applies to companies with 50 employees or more in one location, or 50 employees within a 75-mile radius. It helps workers, who for personal reasons may require time off. It allows up to 12 weeks unpaid leave and the employee at the end of that period is entitled to return to the same or similar position that they were in before they left. The Act covers the following situations: chronic or terminal illness of a spouse or close relative, birth or adoption of a child, and/or employee illness.

The employee must have been with the company for more than one year and have worked more than 24 hours a week in the year preceding the requested leave. Usually, the employer will require a doctor's certificate to corroborate the circumstances.

Massachusetts Wrongful Termination:

To be considered "wrongfully terminated" under state and federal law, the termination must violate some fundamental public policy, such as a state or federal statute, regulation, or constitutional provision. For example, if an employer directs a worker to break a law, ordinance, regulation or statute, and the employee complains about what he or she perceives as a violation of law, such as a failure to pay overtime, failure to provide lunch breaks, failure to provide family or medical leave, late-payment of salary or wages, or workplace safety issues, and is fired in retaliation, that would constitute an actionable claim for wrongful termination.

Massachusetts Sexual Harassment:

Sexual harassment is any unwanted and unwelcome sexual behavior, which can include verbal harassment such as derogatory comments, tales of sexual exploits, or asking for sexual favors and physical harassment such as leering, inappropriate touching and/or a deliberate sexual assault. In order to be considered illegal, the conduct must be unwelcome and offensive to the victim.

Sexual harassment is a form of sexual discrimination, which violates Title VII of the Civil Rights Act of 1964 in employment settings and under Title IX of the 1972 Education Act where it relates to sexual harassment occurring in schools or other educational settings. The Fair Housing Act further provides protection against sexual harassment and quite a few states have statutes pertaining to this offense.

Defamation (Libel & Slander):

A form of personal injury that does no physical harm but can be extremely harmful to a person's reputation or character is called defamation. Defamation is false and unprivileged spoken words (slander) or written publication (libel) which exposes any living person to hatred, contempt, ridicule, or which causes him/her to be shunned or avoided, or which has a tendency to injure him/her in his/her trade or occupation.

Most defamation litigation in the employment arena concerns the employer's "qualified privilege" to defame. Under this concept, employers and former employers are often protected from liability for defaming employees or former employers. By its very definition, however, the privilege is "qualified," and not "absolute." It is generally limited to situations in which the employer or former employer is making a good faith communication of information to someone who has a legitimate interest in receiving it. A good example of this is a former employer's good faith response to a new or prospective employer's inquiry about the job performance of a former employee. Generally speaking, even if the information given is false and damaging and would otherwise give rise to a defamation lawsuit, it will be protected under the "qualified" privilege.

If the communication exceeds the scope of the privilege, the privilege is not allowed. For example, if the communication to your new or prospective employer is not in response to an inquiry, but a voluntary and unsolicited communication, liability for defamation will attach if the information is untrue. Even if the communication is made in response to a prospective employer's inquiry, false and damaging information will not be protected by the privilege if it is made with knowledge or reckless disregard of its falsity, or with the intent to cause injury to the former employee.

Massachusetts Whistleblower Claims:

Whistleblower Claims involve employer retaliation, sometimes to the extent of Wrongful Termination, against an employee who reports the improper or unlawful conduct of another or employee or of management to government authorities. It is illegal for an employer to retaliate against a "whistleblower."

If you or someone you know throughout the Commonwealth of Massachusetts needs the assistance or trusted legal advice of an experienced employment lawyer, please call Ron Davids or Adam Cohen today at 866-435-3895, or complete the contact form provided on this site to schedule your initial consultation.

Professional Biographies

Davids & Cohen, P.C., reveres client communication and confidentiality, regarding them as among the top priorities of the Firm. At the Firm, you will find a comfortable yet professional atmosphere. One of the attorneys will meet personally with you, as they do with each and every client, delivering trusted legal advice and services with compassion and skill.

Please contact Ron Davids or Adam Cohen today at 866-435-3895, or complete the contact form provided on this site to schedule your initial consultation.

Firm Address:

Davids & Cohen, P.C.
40 Washington Street, Suite 20
Wellesley, Massachusetts 02481

Telephone: 866-435-3895

Ronald M. Davids

Ronald M. Davids is a founding partner of the firm. He received his undergraduate degree from Colby College in 1978 and his law degree from Boston University in 1981. He is admitted to the bar in the states of Massachusetts, Maine and Florida. He is also certified as a Mediator in the Commonwealth of Massachusetts having successfully completed an intensive training program sponsored by JAMS/Endispute. Prior to founding the firm, Mr. Davids was a shareholder in a larger Boston firm, representing parties in civil matters from 1983 until 1998.

In 1986, Mr. Davids argued the first social host liability case in Massachusetts to the Supreme Judicial Court. He has also argued cases in both the First Circuit Court of Appeals and the Massachusetts Appeals Court. Mr. Davids has tried several cases in the state and federal courts of Massachusetts and elsewhere. He co-authored a chapter on "The Intoxicated Driver" for a volume of the Matthew Bender treatise on Automobile Accident Law and Practice, an article regarding exclusivity provisions in commercial leases for the Retail Law Strategist and assisted in preparing the City of Boston's "Drug Prevention Manual." Mr. Davids twice served on the faculty of the Cambridge Institute and taught a seminar entitled "The Rules of Evidence Under Massachusetts Law" and has lectured on the issue of liquor liability. He also served on a national panel in New York sponsored by the Practicing Law Institute on "Case Handling Techniques" and led a roundtable session at the ICSC annual convention. He has lectured on case handling and trial techniques for the Massachusetts Continuing Legal Education board and has been on the faculty for its Depositions Workshop. He served for several years as an appointed member of the Ethics Committee of the Boston Bar Association and as a Sustaining Member of the Product Liability Advisory Counsel, a national group of manufacturers, academics and appointed counsel. He was awarded Martindale-Hubbell's highest AV rating based on its peer review process several years ago and has maintained that distinction ever since. Since 2005, Mr. Davids has been named annually by Boston Magazine as a "Super Lawyer" in Massachusetts, a distinction afforded the top 5% of attorneys in the state based on a survey of Massachusetts attorneys.

Mr. Davids serves on the Board of Directors of Greater Boston Legal Services and serves as a member of its Executive Committee. He is a member of the Boston Bar Association, where he is a former Co-Chair of its Business Litigation Section and member of the Steering Committee; the American Bar Association; the Florida Bar Association; and the Maine Bar Association. Mr. Davids is also an active member of the local and national chapters of the Risk and Insurance Management Society ("RIMS").

Mr. Davids has represented a wide variety of individuals and companies throughout New England including major commercial real estate developers, product manufacturers, internet startups and insurance companies. Mr. Davids concentrates his litigation practice on business and tort matters such as corporate and partnership disputes, trade secret protection, products and premises liability suits, construction and employment disputes, commercial contract claims, insurance coverage issues and general negligence matters. He has also represented numerous individuals and companies in negotiating contracts and providing counsel on general business matters. Mr. Davids also makes himself available as a Mediator to assist parties in resolving business, commercial employment, real estate and personal injury disputes.

Adam G. Cohen

Adam G. Cohen is a partner at the firm. He received his undergraduate degree from Clark University (B.A., Business Management, cum laude, 1988) and earned his law degree from Suffolk University Law School (J.D. 1991). His practice focuses in the areas of property and casualty insurance claims, insurance coverage issues, business and commercial disputes, premises liability, products liability and surety/construction matters. He represents commercial entities, insurers and their insureds, and self-insureds. Mr. Cohen has extensive trial, arbitration, and appellate experience with an emphasis on first- and third-party insurance defense matters. Prior to joining Davids & Cohen, Mr. Cohen was a partner at Cetrulo & Capone LLP, where he had practiced since 1996.

Mr. Cohen is admitted to the state and federal bars of both Massachusetts and New Hampshire. He has lectured at a Boston Bar Association Symposium on reinsurance issues, an MCLE seminar entitled the Mold Muddle, and at a trucking industry seminar on safety issues. He recently authored a chapter on all facets of statutory interest for an MCLE book entitled Damages in Massachusetts Litigation, as well as a chapter pertaining to preparation of a case from the defendant’s perspective for an upcoming MCLE publication. He co-authored an article entitled Subrogation Actions Against Other Financial Institutions for a Defense Research Institute Monograph. He was also named a Rising Star in both the May 2005 and May 2006 Super Lawyers editions of Boston Magazine, which recognizes the top 2.5% of all lawyers in Massachusetts under the age of 40. Mr. Cohen is a member of the Boston Association of Claims Executives and sits on the Advisory Board of Pitching In For Kids, a Boston-based charitable organization.

Amy J. Vesely

Amy J. Vesely has been with the firm since its inception. Before joining the firm, Ms. Vesely was an associate at Campbell, Campbell & Edwards in Charlestown, Massachusetts where she worked since her graduation from New England School of Law in 1986. She received her bachelor's degree at Skidmore College in Saratoga Springs, New York. During most of her 12 years at Campbell, Campbell & Edwards, Ms. Vesely's main area of practice was civil litigation, focusing on products liability, personal injury, commercial contract litigation and landlord-tenant law. She also represented a national insurer in all of their ERISA litigation filed in Massachusetts.

Ms. Vesely handles commercial litigation matters for the firm on behalf of real estate management companies, developers and landlords. These matters involve collections, evictions and other aspects of Summary Process actions. Ms. Vesely has developed a strong expertise in this area, having handled over one hundred commercial matters. She has considerable experience in all aspects of commercial landlord-tenant litigation, from pre and post-suit settlement negotiations to Summary Process Trials and post-judgment collections. She is knowledgeable with all aspects of practice and procedure in both the state and federal courts of the Commonwealth of Massachusetts and the State of New Hampshire.

Ms. Vesely is licensed to practice before the Massachusetts, New Hampshire and Federal bars. She is a member of the Massachusetts Bar Association and the Commercial Law League of America.

Jennifer A. O'Brien

Jennifer A. O'Brien joined the firm in 2000 following her graduation from Suffolk University Law School in 1999, Magna Cum Laude. Prior to that, Ms. O'Brien worked for several years in the public sector as a Claims Representative for the United States Social Security Administration. She is admitted to practice before the Massachusetts, New Hampshire and Connecticut bars as well as the United States District Court, District of Massachusetts and District of New Hampshire. She is a member of the Massachusetts Bar Association and the New Hampshire Bar Association. Ms. O'Brien received her bachelor's degree from Providence College in 1991, Magna Cum Laude.

Ms. O'Brien has represented both individuals and business entities throughout Massachusetts, New Hampshire and Connecticut. She has successfully defended major commercial real estate developers in a wide variety of lawsuits including several that resulted in a dismissal by summary judgment without the need for a trial. Her practice also includes personal injury, employment disputes and commercial litigation.

She has successfully litigated contract disputes on behalf of her clients, including a judgment in favor of a New Hampshire client that included payment of her attorneys' fees and costs by the opposing party. She has also obtained substantial jury verdicts on behalf of her client that were far in excess of the defendant's final settlement offers. She has been named a Rising Star for two consecutive years, in the May 2006 and 2007 Super Lawyers edition of Boston Magazine which recognizes the top 2.5% of all lawyers in Massachusetts under the age of 40.

Stephen T. O'Neal

Stephen T. O'Neal joined the firm in 2008.  He received his law degree from Boston College Law School in 2008 and his bachelor's degree from Hobart College in 2002.  He is admitted to the Massachusetts Bar.  Mr. O'Neal focuses his practice on commercial litigation, employment disputes and premises liability.

Paula is the firm's office administrator. She has been at the firm since its inception. Paula handles many of the firm's business issues and is responsible for all accounting, personnel and administrative matters.



Kenna O'Reilly

Kenna manages the legal support needs of the firm. She has been at Davids & Cohen since 1999. Kenna offers frontline support for the firm's clients as a receptionist and backend support for the attorneys as a legal secretary.

Tracy Krechevsky

Tracy joined the firm in September of 2006 as a legal assistant to Attorney Adam G. Cohen.  She also provides addtional legal support for the firm and its attorneys as a receptionist / secretary. 

Employment Law Frequently Asked Questions

The following information includes frequently asked questions about Employment Law issues. The answers are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting the Wellesley labor law attorneys of Davids & Cohen, P.C., you can receive a personal consultation regarding your specific legal claim.

What remedies are available when discrimination is found?

The "relief" or remedies available for employment discrimination, whether caused by intentional acts or by practices that have a discriminatory effect, may include:

• Back Pay
• Hiring
• Promotion
• Reinstatement
• Front pay
• Reasonable accommodation or
• Other actions that will make an individual "whole" (in the condition he or she would have been but for the discrimination).

Remedies also may include payment of:

• Attorneys' fees
• Expert witness fees, and
• Court costs.

Under most laws enforced by the EEOC (Equal Employment Opportunity Commission), compensatory and punitive damages also may be available where intentional discrimination is found. Damages may be available to compensate for actual monetary losses, for future monetary losses and for mental anguish and inconvenience. Punitive damages also may be available if an employer acted with malice, the intent to injure, or reckless indifference.

Punitive damages are monetary sanctions imposed on a defendant. A punitive damage award has nothing whatsoever to do with the actual damages sustained by the plaintiff. The purpose of punitive damages is to punish a defendant for intentional malicious or oppressive misconduct, to deter the defendant from repeating it and to deter others similarly situated from engaging in it. Punitive damages are not available against federal, state or local governments.

In cases concerning reasonable accommodation under the ADA, compensatory or punitive damages may not be awarded to the charging party if an employer can demonstrate that "good faith" efforts were made to provide reasonable accommodation. An employer may be required to post notices to all employees addressing the violations of a specific charge and advising them of their rights under the laws EEOC enforces and their right to be free from retaliation. Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading. The employer also may be required to take corrective or preventive actions to cure the source of the identified discrimination and minimize the chance of its recurrence, as well as discontinue the specific discriminatory practices involved in the case.

What is the Federal Family and Medical Leave Act (FMLA)?

The Family and Medical Leave Act (FMLA) is a federal law that provides certain employees up to twelve weeks unpaid, job-protected leave per year. The FMLA imposes certain notification responsibilities on employers. Notices about FMLA must be publicly posted and if the employer publishes an employee handbook the handbook must contain information about FMLA. It also requires that group health benefits be maintained during the leave.

FMLA is designed to assist employees in balancing their work and family responsibilities by permitting them to take reasonable unpaid leave for certain family and medical reasons. The Act also seeks to accommodate the legitimate interests of employers and promotes equal employment opportunity for men and women. A number of states have also enacted family and medical leave laws, some of which provide greater amounts of leave and benefits than those provided by FMLA. In those situations where an employee is covered by both Federal and State FMLA laws, the employee is entitled to the greater benefit or more generous rights provided under the different parts of each law.

What is the Age Discrimination in Employment Act (ADEA)?

The Age Discrimination in Employment Act is a federal statute which makes it unlawful for an employer, employment agency or Labor Union to discriminate in employment against anyone because of his or her age. This applies to both refusal to hire an individual and to discharging an employee. It also applies to age-based disparities in compensation, to terms, conditions or privileges of employment and to employee benefits.

Who is covered by the Age Discrimination in Employment Act?

The ADEA applies only to persons who are over 40, and there is no upper age limit. The ADEA applies to employment practices in both the private and the public sector, including employment agencies and Labor Unions.

However, using age as an employment factor may not be unlawful where age is a bona fide occupational qualification reasonably necessary to the normal operation of the job. Also, state and local governments may use age as a basis for hiring and retiring law enforcement officers, prison guards and firefighters.

What is the Civil Rights Act of 1964 (Title VII)?

The Civil Rights Act of 1964 (Title VII) is a federal statute which prohibits discrimination in employment, including public accommodations, governmental services and education. An employer cannot fail or refuse to hire, fire, promote, or discriminate against any employee with respect to compensation, terms, conditions and privileges of employment based on race, color, sex, religion or national origin. An employer cannot limit, segregate or classify employees or applicants in any way that would deprive or tend to deprive employment opportunities or that adversely affects the status of an employee because of race, color, sex, religion or national origin.

What is the Statute of Limitations?

As with any other civil action, lawsuits based on employment discrimination are subject to statutes of limitations. The statute of limitations is a law which limits the amount of time during which a lawsuit may be filed. The effect of a statute of limitations is that when the time for filing has expired, the claim is permanently barred. In other words, once the statute has lapsed, the claimant can no longer receive any financial compensation, regardless of the merits of the claim.

Statutes of limitations can be particularly tricky in employment discrimination cases. For one thing, the same act of discrimination form the basis for both federal and state discrimination claims, each subject to a statute of limitations, but often the length of time for filing is not the same in both. Moreover, some states permit the term of the statute of limitations in these cases to be shortened or lengthened by contract between the parties.

If you feel that you may be the victim of employment discrimination, please contact the Massachusetts discrimination attorneys of Davids & Cohen today. Don't forfeit your claim by waiting too long to seek legal advice.

What is employment "at will?"

Although there are some exceptions, as a general rule all employment is presumed to be employment "at will." This means, literally, that employment may be terminated at any time the employer chooses to terminate it. There is no requirement that good cause, or indeed, any cause for the termination be shown.

What kind of exceptions apply to employment "at will?"

The two most common exceptions to "at will" employment are "statutory exceptions" and "public policy exceptions."

Statutory exceptions:

Many states have enacted statutes (in addition to any similar federal statutes) which prohibit discrimination an employee or a job applicant on the basis of race, gender, religion, national origin or age. In some states, the statutes also bar discrimination based on such classifications as sexual orientation and an individual's height or weight.

Additionally, and again, apart from federal law requirements, many states have enacted legislation prohibiting employers from discrimination against employees or job applicants on the basis of some health condition or disability. Generally, these laws prohibits discrimination not just in situations where there is an actual disability, but also in situations where there is no "actual" disability, but where the employer "perceives" a disability.

Many states have whistleblower protection laws. There are usually similar to federal whistleblower laws, providing relief for employees who have been discharged for reporting or being about to report an employer for some violation or suspected violation of a regulation or law.

Public Policy Exceptions:

Most states make it unlawful to terminate an employee who is filing or about to file a workers' compensation claim.

How do I know if I need an attorney?

Not every instance of employment discrimination results in the filing of formal charges. Sometimes the discrimination is a one-time occurrence with such a minimal negative impact that the employee chooses to simply ignore it. In other situations, there may already be a compelling personal and/or professional reason to change jobs even before a single instance of discrimination occurs. In that type of situation, the employee may decide to simply change jobs and get out of the situation.

You are the only person capable of deciding whether or not you wish to file a claim. If you believe that you are the victim of employment discrimination which has had a negative impact on any aspect of your life, you should consult with an employment discrimination lawyer as soon as possible. Depending upon the circumstances of your case, you may be prohibited from filing a lawsuit and obtaining any compensation for your injuries if you delay. The Massachusetts labor attorneys of Davids & Cohen can advise you on the applicable statute of limitations for your employment discrimination claim.

How much does Davids & Cohen, P.C. charge for legal representation in Employment Law cases?

There is never any charge whatsoever for an initial consultation to determine how the attorneys of Davids & Cohen, P.C., can best serve your needs. You will find the fee schedule reasonable and competitive, and there will be no "hidden costs" or surprises.

If you or someone you know throughout the Commonwealth of Massachusetts needs the assistance or trusted legal advice of an experienced employment lawyer, please call Ron Davids or Adam Cohen today at 866-435-3895, or complete the contact form provided on this site to schedule your initial consultation.