Home >> Practices >>Employment Counseling and Litigation
Twohig Caplan attorneys frequently advise and represent business and individual clients in connection with employment matters. Twohig Caplan LLP provides counseling, negotiation and litigation services to executives and professionals, as well as corporate clients, in a broad range of industries. The firm serves its clients in a variety of ways: as advisors, in negotiations and mediations, before government agencies, at independent and industry arbitrations, and in federal and state trial and appellate courts. We help clients negotiate employment contracts and separation agreements and avoid and resolve disputes involving termination, separation, and severance, restrictive covenants (non-competition, non-solicitation and non-disclosure agreements), theft of trade secrets and confidential information, discrimination, harassment and retaliation claims, non-payment of wages, commissions, and bonuses, and breach of contract. Decades of experience make Twohig Caplan LLP a valuable partner in and out of the courtroom.
Notable successes in employment litigation and counseling include:
Non-Competition Agreements
Successfully litigated multiple disputes arising from non-competition agreements on behalf of employers and employees.
Advised business owners on issues raised by departure of employees including theft of trade secrets and confidential information and non-competition agreements.
Wage Act
Successfully defended company and its major investor against multiple damage claims brought by its former acting-CEO under the Massachusetts Wage Act.
Represented company and its CEO in defense of a lawsuit brought by the company’s former CFO alleging breach of employment contract (wrongful termination and failure to pay severance and other benefits), violation of the Massachusetts Wage Act, and related claims in connection with the CFO’s dismissal from the company. Obtained partial summary judgment for the clients after deposition discovery.
Employment Discrimination
Successfully defended bank and its board members from claims brought by bank’s former senior vice president and chief lending officer for age discrimination, breach of contract, and wrongful termination in connection with his dismissal for cause from the bank. Obtained finding of lack of probable cause in the bank’s favor in the MCAD proceeding. Then obtained dismissal of claims against the bank’s board members in the Superior Court lawsuit. Took the remaining claims against the bank to trial. Obtained a favorable settlement for the bank after the plaintiff was overheard stating in the jury’s presence that the direct testimony of a bank witness had just “destroyed” his case.
Successfully defended a civil engineering and surveying company from claims of sex discrimination by a former employee/shareholder based on allegations of sexual harassment/hostile work environment and constructive termination. Obtained a favorable settlement for the client at mediation after conducting written discovery and an internal investigation of the client exposing the claimant’s own culpability.
Successfully defended a fast growing company that creates and manages online market research and consumer insight communities in defense of an age discrimination claim brought by a former employee in Massachusetts Superior Court. Obtained a favorable settlement for the client after conducting written discovery.
Special Assistant Attorney General
Michael Twohig was appointed Special Assistant Attorney General by the Massachusetts Attorney General for the purpose of representing a regional supervisor of the Massachusetts Probation Department in a lawsuit in the United States District Court for the District of Massachusetts alleging violations of constitutional due process rights in the hiring and promotion practices of the Probation Department. Successfully moved for dismissal of all claims.
