Employment Law Cases

Our legal services have helped both employees and employers throughout the Portsmouth, New Hampshire area find retribution and achieve their legal objectives. Below is a sample of some of the successful employment law cases that our firm has handled over the past two decades.

John Sherman with Client in office


Sexual Assault at Work

Female Employee Harassment and Retaliation – Confidential Resolution

A female employee was socializing after work with co-employees when she was assaulted by her manager. The employee reported what happened to her employer and the police. The client then had her work hours reduced, shifts changed and received a written discipline. Unable to tolerate the work environment, the employee quit her job. Our office represented the client in claims alleging sexual harassment, constructive termination, retaliation and assault and battery.

Male Employee Harassment and Constructive Discharge – Confidential Resolution

A male employee observed a work atmosphere that involved constant sexual jokes, innuendo and even displays of pretend sexual activity. The manager frequently socialized with employees after hours and increased the sexual nature of interaction with employee to the point that employee was unable to continue working. We represented the client in legal claims against employer and supervisor alleging on the job sexual harassment, constructive termination, workplace retaliation and assault and battery.

Factory Worker Subjected to Unwelcomed Fondling – Confidential Resolution

An employee was on break when a non-employee at the workplace touched the employee without her consent. Employee reported the matter to her employer, but observed nothing done about it. Employer then disciplined employee for things that employer had not previously identified as areas of concern. Employee was unable to continue working in this environment. We represented the client in claims against employer for sexual harassment, constructive termination and retaliation.

If you’re facing a similar situation as the above-mentioned cases, contact us today for a free consultation.


Sexual Harassment at Work – Quid Pro Quo

Female Employee Terminated After Objecting to Supervisor’s Unwelcome Sexual Advances – Confidential Resolution

A female client reported to her employer that her supervisor was making unwelcomed sexual advances. Weeks later, the employer terminated the client, allegedly for something that the employer had never before identified as a potential source of discipline. Our firm represented the client in claims against employer including quid pro quo sexual harassment.

Sexual Harassment at Work – Hostile Work Environment

Female Employee Subjected to Severe and Pervasive Sexual Work Environment – Confidential Resolution

An employee worked in an environment in which managers, supervisors and co-employees constantly made sexual jokes and asserted sexual innuendo into their workplace communications. This escalated to include the managers posting sexual pictures and writing sexual jokes on job boards. The work environment also included intimate relationships between managers and subordinate employees in violation of company policy. Female employees who objected to this or who did not participate in it received fewer hours, less desirable shifts and were not promoted. We represented the client in claims against employer identifying a hostile work environment for women.

If you’re facing a similar situation as the above-mentioned cases, contact us today for a free consultation.


Discrimination Based on Sex

Female Client Treated Differently from Similarly Situated Male Employees – Confidential Resolution

Our client was a high-level manager. The employer had a practice, and de facto policy, of offering managers at her level and above separation pay upon the termination of employment. Client was not offered and did not receive the same consideration. We successfully represented the client in claims against the employer.

Female Employee Treated Differently from Similarly Situated Male Employees – Confidential Resolution

Client was a female police officer who alleged that she was subjected to different treatment from the male officers. She alleged that she was provided different equipment, different access to training and different support. She further alleged that she was subjected to retaliation when she identified and complained about these differences. Our office filed claims on behalf of client that were resolved through private mediation.

If you’re facing a similar situation as the above-mentioned cases, contact us today for a free consultation.


Discrimination Based on Pregnancy

Client Subjected to Adverse Employment Actions After Disclosing She Was Pregnant – $165,000

Client was a managerial employee in high-tech company who, after closing a big new deal, identified that she was pregnant with her second child. Shortly thereafter, employer cut her salary, changed her job title and decreased her job responsibilities. We filed a suit on client’s behalf against employer and favorably resolved the matter through private mediation, obtaining $165,000 for client.

If you’re facing a similar situation as the above-mentioned case, contact us today for a free consultation.


Disability Discrimination

Employee Subjected to Adverse Employment Action Because of Disability – Confidential Resolution

The client was a long-time, high-level managerial employee whom employer asked to perform additional job responsibilities. These increased client’s hours and job stress. Client began experiencing medical problems attributed to her employment. Client reported these to her employer, which then subjected her to adverse employment actions including decrease in her salary, change in title and ultimately termination of her employment. We represented the client in claims against her employer including discrimination based on disability, constructive termination and retaliation.

Employee Terminated Because of Disability – Confidential Resolution

Client was a long-time employee who had a medical condition that qualified under the Americans with Disabilities Act (ADA) as a disability. She identified her medical condition to her employer and requested reasonable accommodation in the form of an altered work schedule and the ability to work from home. Initially, her employer accommodated these requests. Then, however, the employee was disciplined for incidents at work directly related to her disability. The employer terminated her employment. We represented the client in legal claims including discrimination based on disability, wrongful termination and retaliation.

If you’re facing a similar situation as the above-mentioned cases, contact us today for a free consultation.


Employer Representation

Employer Did Not Discriminate in Terminating Employee – Summary Judgment for Employer

Local employer was sued by a former employee who claimed that the employer terminated his employment because of his disability. Employee identified an allegedly disabling heart condition that affected one of his major life activities but that, with reasonable accommodation, he could perform the essential functions of his job. Employee claimed the employer refused to accommodate the employee. In the lawsuit, we were successful in convincing the court to enter a judgment as a matter of law in the employer’s favor proving to the court that the employee’s condition did not qualify as a disability pursuant to the Americans with Disabilities Act and that the termination action was not in any way related to and did not arise from the employee’s alleged medical condition.

If you’re facing a similar situation as the above-mentioned case, contact us today for a free consultation.


Employee Non-Compete and Non-Solicitation Agreements

Former Employees Violate Non-Compete and Non-Solicitation Agreements

A local business with national and worldwide clients learned that two former employees were violating their non-compete agreements by contacting the client’s customers. These former employees were starting a competing business and trying to encourage client’s customers to terminate their relationship with our client. Our office immediately secured Preliminary Injunctions against these former employees, preventing them from engaging in this and similar conduct. Our office secured a permanent stop to ongoing violations of these agreements thereby protecting the client’s customer base, relationships and good will.

If you’re facing a similar situation as the above-mentioned case, contact us today for a free consultation.


Separation Agreements

Our office regularly represents employees and employers in negotiating Separation Agreements with their present or former employers/employees. These agreements usually involve negotiations regarding consideration, in the form of severance that the employer will pay. In particular, our office has represented managers, supervisors, officers and employees in separation matters involving the following industries:

  • Public employees
  • High tech industry
  • Biotech industry
  • Physicians and medical care
  • Insurance
  • Manufacturing
  • Personnel placement

The above fact patterns are intended only as general examples of the types of cases this office has handled. It is offered for educational purposes only. Past successes identified are not a promise or assurance of future success. Each matter involves different facts, circumstances, witnesses and evidence. We welcome the opportunity to discuss your case in greater detail so we can assess personally and confidentially whether and how we can be of assistance.

If you’re facing a similar situation as the above-mentioned cases, contact us today for a free consultation.