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Employment Law and Litigation

Pinkham Busny protects its clients’ interests in a wide range of employment matters, including:

  • litigating wrongful termination and discrimination claims,

  • non-competition, non-solicitation and confidentiality disputes,

  • Wage Act claims and disputes over the proper classification of workers.


We have represented public and private companies and senior executives and employees in administrative proceedings before:

  • the Massachusetts Commission Against Discrimination,

  • the Equal Employment Opportunity Commission,

  • the Department of Labor,

  • the Occupational Safety and Health Administration,

  • New Hampshire Commission for Human Rights,

  • New York State Division of Human Rights,

  • Connecticut Commission on Human Rights and Opportunities,

  • and in court in state and federal courts in cases filed in Massachusetts, New Hampshire, New York and Connecticut.


We appreciate the particular toll that employment litigation can take and in every case develop a strategy that will resolve the matter to our client’s advantage in the most effective and expeditious way possible. Not every case settles – and we’re prepared to try cases through to judgment, and have done so in:

  • age and gender discrimination cases,

  • sexual harassment and hostile work environment cases,

  • and disparate treatment and equal pay cases, among others.


We also counsel our corporate clients on a daily basis in all areas of employment law, including hiring, firing, performance reviews, employee handbooks and personnel policies, compliance with state and federal laws in the areas of disability, maternity leave, military leave, family and medical leave and civil rights. We provide clients with non-competition, non-solicitation and confidentiality agreements at the inception of an employment relationship and severance agreements when that relationship comes to an end. We provide clients with training in the areas of sexual harassment prevention and diversity. We conduct investigations into the sensitive allegations of sexual harassment and other forms of discrimination. We appreciate that clients want to focus on their business, and our advice allows them to do just that.

Our Successes – Employment Law

MA Wage Act – obtained pre-judgment trustee process attachments against employer’s and president’s personal bank accounts and won motion to compel full wage payment that employer claimed was subject to a set-off

MA Wage Act – obtained summary judgment in favor of employee against Massachusetts employer where employee lived out of state.  For a copy of the decision, click here.


Analytics Consulting Company – defeated motion for a preliminary injunction filed by prior employer and ultimately reached a very favorable settlement. The judge’s decision denying the motion for a preliminary injunction can be accessed here:

Life Sciences Consulting Firm – investigated sexual harassment complaint brought by female employee against senior manager and protected the company against a possible claim.

International airport security company – defended claims by former executive for benefits under a change of control agreement. Obtained favorable settlement after mediation.


International dental implant company – defended claims of breach of restrictive covenants in New York state court. Obtained favorable settlement after deposition of plaintiff’s key witness.

National prosthetics company – successfully defeated claims by alleged competitor over hiring.

National accounting firm – defended claims of intentional interference with contractual relations arising from the client’s employment of former partners of another accounting firm in alleged violation of non-competition agreements. Successfully limited scope of the non-competition agreements to permit the partners to continue to work for new company. Settled case at mediation.

IT monitoring company – defended principals and 6 employees in claim by former employer in Connecticut after principals’ non-competition agreements expired, alleging unfair competition and trade secrets violations arising out of new company’s success in winning clients from previous employer. Case settled after discovery in form of credits for sub-contracting services provided to previous employer.

Engineering software company – obtained temporary restraining order in New Hampshire superior court against former employees who developed source code, who left and started U.S. office of largest competitor three miles from former employee.

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