(Editor’s Note: This is the second of a two-part column. See part 1 here.) By Alicia J. Samolis and Michael A. Gamboli As detailed in Part I, certain types of noncompetition agreements are now invalid under the new Massachusetts noncompete law (the Act). This is of course a double-edged sword for employers, who will now benefit from...
PS&H employment partner and Chair of the Labor & Employment Group, Alicia Samolis, provided comment to RI Lawyers Weekly on the recent 1st U.S. Circuit Court of Appeals decision in Bonilla-Ramirez v. MVM, Inc., et al. The Court’s decision upheld the termination of an employee of a private security company providing services to U.S. Immigration and...
PS&H employment partner and Chair of the Employment & Labor Group, Alicia Samolis, provided comment to RI Lawyers Weekly on the recent 1st U.S. Circuit Court of Appeals decision in Richard v. Regional School Unit 57. In a split decision, the Court upheld the lower court judge’s decision, after a bench trial, that the teacher’s termination was not...
PS&H Partner Paul Kessimian, Chair of the firm’s Litigation Practice Group, shared his thoughts with RI Lawyers Weekly on the recent adoption of deposition conduct standards by U.S. District Court Judge John J. McConnell Jr. In the case of Soares v. Prospect CharterCARE SJHSRI, LLC, et al., Judge McConnell found that the rules of conduct, established 25 years...
PS&H employment partner, Alicia Samolis was asked by RI Lawyers Weekly to comment on the recent decision in Daquay v. General Dynamics Electric Boat Corporation, which hinged on the question of whether or not the plaintiff’s claim was time-barred. U.S. District Court Chief Judge William E. Smith found that a former employee of a federal contractor...
PS&H employment partner and Chair of the Labor & Employment Group, Alicia Samolis, provided comment to RI Lawyers Weekly on the recent 1st U.S. Circuit Court of Appeals decision in Carlson v. University of New England. The Court’s decision reinstated a case involving claims of a retaliatory transfer of a professor following her complaints of sexual...
PS&H employment partner, Alicia Samolis, was asked by Rhode Island Lawyers Weekly to comment on a recent decision by the 1st U.S. Circuit Court of Appeals in Caraballo-Caraballo v. Correctional Administration, et al.. The Court reversed the district court summary judgment and ruled that the plaintiff employee should be given the chance to show that her transfer...
PS&H employment partner, Alicia Samolis, commented on a recent federal court decision McMahon v. Verizon New England, Inc., favoring an employer’s motion to terminate a union member employee who declined an alcohol test. The plaintiff claimed that the drug and alcohol testing provisions included in his union collective bargaining agreement preempts the RI state statute, allowing him to...
PS&H employment partner, Michael Gamboli, was quoted by Massachusetts Lawyers Weekly and Rhode Island Lawyers Weekly in their article, Employers toe fine line to avoid misclassification liability. Michael commented on the ABC test, a three-factor test for determining independent contractor status in MA. He stated that the test is “extremely restrictive” and defendants often have a hard...
On April 20, Partridge Snow & Hahn partner, Michael Gamboli, was quoted in a RI Lawyers Weekly article titled “Employer can’t enforce non-compete vs. doctor.” The article details a Superior Court Judge’s decision to not allow a health care provider to enforce a non-competition agreement with a physician who left to work elsewhere. Subscribers of the publication...
