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Plymouth Employment Lawyer

Firm Lawyers

Were you fired, harassed, or discriminated against at work in Plymouth, MA?

At Fogelman Law LLC, we are plaintiff-focused employment lawyers who prepare every case with experience and dedication.

If your employer terminated you, demoted you, or allowed harassment to continue after you reported it, Massachusetts law may provide a claim for the conduct itself. Employers ordinarily involve counsel before an employee does, and the internal record is frequently assembled well before a termination is announced. Fogelman Law LLC has represented employees across the Commonwealth since 2010. Our Plymouth, MA employment lawyer evaluates the claim, preserves the evidence, and files with the appropriate agency or in court. Schedule a free consultation to review your options.

Employment Lawyer Plymouth, MA

Plymouth’s labor force averaged 34,101 residents in 2023, and 32,969 of them were employed, according to state labor data. Those workers are distributed across hospitals, public schools, municipal government, marine and tourism businesses, and the warehouse and retail operations along the Route 3 corridor. Each of those settings generates a different category of workplace dispute.

An employment case is a claim brought by a worker against an employer for conduct that the law prohibits, including discrimination, harassment, retaliation, and wrongful termination. Most discrimination claims in Massachusetts begin at a state agency rather than in court. That agency process carries its own filing deadline, and a missed deadline can end a claim before anyone examines the underlying facts.

Types of Employment Cases We Handle in Plymouth

Employment claims are defined by the employer’s conduct rather than by the industry in which the conduct occurred. The following matters make up the bulk of our employee-side practice, and several of them arise together in the same case. A demotion can support a discrimination claim and a retaliation claim at once, and the two are proved through different evidence.

  • Wrongful termination. An employer may not discharge an employee for a reason the law forbids, including discrimination, retaliation, or the exercise of a protected right. The analysis turns on the employer’s stated reason and on whether the record supports it.
  • Discrimination. We represent employees denied promotions, compensation, or continued employment because of a protected characteristic. Comparator evidence, showing how the employer treated similarly situated workers, frequently determines the strength of the claim.
  • Sexual harassment. These matters involve unwelcome conduct by a supervisor or a coworker that the employer knew about or should have known about. We handle claims arising from a single severe incident and claims built on a pattern of conduct over time.
  • Retaliation. An employer may not punish an employee for reporting conduct the employee reasonably believed was unlawful. Retaliation claims often survive even where the underlying complaint does not, because the timing between the report and the adverse action is itself evidence.
  • Hostile work environment. Conduct that is severe or pervasive enough to alter the conditions of employment can support a claim. Courts evaluate the full course of conduct rather than each incident in isolation.
  • Wage and hour disputes. We represent employees over unpaid wages, unpaid commissions, misclassification, and deductions the employer was not entitled to take. Payroll records and time records carry most of the evidentiary weight in these matters.
  • Disability and accommodation disputes. An employer that receives an accommodation request is expected to engage in a dialogue about what is workable. We advise employees throughout that process and pursue claims when the employer refuses to participate in it.
  • Age discrimination. Long-tenured employees are frequently pushed out after a change in management or a reorganization. We have tried these cases, and the documentary record created in the months before the discharge is usually where the case is decided.
  • Severance and employment agreements. We review severance offers, non-competition provisions, and confidentiality terms before an employee signs, and we negotiate revised terms when the circumstances support doing so.

Why Choose Fogelman Law LLC as my Employment Lawyer in Plymouth, MA?

Proven Results

Fogelman Law LLC has recovered millions of dollars for employees and injured clients since the firm opened in 2010. Matt Fogelman has practiced for 23 years, is admitted in Massachusetts and New York, belongs to the Massachusetts Employment Lawyers Association, and divides his work between employment matters and personal injury cases. Jeffrey Simons has practiced for 14 years, is admitted in Massachusetts and Pennsylvania, and has been named a Super Lawyers Rising Star every year since 2019. Results in employment matters include the following:

  • A $2.5 million trial verdict in a discrimination and retaliation case against a university
  • A $1.2 million trial verdict for a 64-year-old mechanic terminated after 27 years at the same facility
  • A $390,000 settlement in a failure-to-promote claim against a financial services firm
  • A $144,000 verdict, plus attorneys’ fees, for an employee terminated following her maternity leave

Fee Structure for Employment Matters

Employment cases do not follow a single fee model. Depending on the claim, the strength of the documentary record, and the relief available, we represent employees on an hourly basis, on a contingency basis, or on a hybrid of the two. Contingency arrangements are common in these matters. We explain which structure applies to your case before any agreement is signed, and we set out the anticipated costs of litigation at the same time. The initial consultation carries no charge in any employment matter.

What Is Important to Understand About an Employment Case?

Damages, Liability, and Compensation for Employment Cases

An employee bringing a discrimination claim generally must show that a protected characteristic or a protected activity was a reason for the employer’s decision. The evidence required for proving wrongful termination is not identical to the evidence required in a harassment claim, and the deadlines matter as much as the proof. A complaint with the Massachusetts Commission Against Discrimination must be filed within 300 days of the last discriminatory act. A civil action under the state statute must be brought within three years of the unlawful practice. The federal charge-filing period with the EEOC is 180 days and extends to 300 days where a state agency enforces a comparable law.

Compensation available in an employment case generally includes the following:

  • Back pay for wages and benefits lost between the adverse action and the resolution
  • Front pay where reinstatement is not a practical remedy
  • Emotional distress damages
  • Attorneys’ fees and costs where the claim permits them
  • Interest on the award
  • Injunctive relief, including reinstatement or a required change in employer practice

What Are Important Aspects of an Employment Case?

The employer controls most of the documents in an employment case, and that imbalance shapes what an employee should do from the beginning. Documenting workplace discrimination as it occurs carries considerably more weight than an account reconstructed months later.

  • Written complaints to human resources establish notice and support later retaliation claims.
  • Performance reviews written before a complaint carry more weight than reviews written after one.
  • Personnel files often contain documents the employee has never seen, and employees may request them.
  • Text messages and personal email are frequently the only copies that survive a termination.
  • Conduct that creates a hostile work environment is assessed as a course of conduct rather than as isolated incidents.

What Is The Employment Case Timeline?

A discrimination claim that proceeds through the agency and then into court commonly runs two to four years. Matters resolved through negotiation before an agency filing can conclude within a few months.

  • We evaluate the claim and calculate every applicable deadline at the first meeting.
  • A charge is drafted and filed with the agency, frequently dual-filed with the federal commission.
  • The agency investigates the charge, and the parties may participate in mediation.
  • After 90 days at the agency, the claim may be removed to court.
  • Written discovery, depositions, and dispositive motions proceed in court.
  • The case is tried when the employer’s position does not change.

What Should You Bring to Your Employment Consultation?

The documents listed below are the most useful at a first meeting. Bring whatever you have, and we will request the remainder from the employer.

  • Your offer letter, employment agreement, and any severance agreements you have been asked to sign
  • The employee handbook and any policy you were accused of violating
  • Written complaints you submitted and the employer’s written responses
  • Performance reviews, discipline notices, and any administrative leave correspondence
  • Pay records, including documentation of any withheld wages
  • The names of coworkers who observed the conduct

Reach Out to Fogelman Law LLC to Schedule a Consultation

Deadlines in employment cases start from the date of the employer’s conduct rather than from the date an employee decides to act. We can identify filing windows that apply and explain what the claim will require before moving forward. Contact us to schedule a free, confidential review with an employment attorney in Plymouth.

Fogelman Law LLC - Personal Injury and Employment Law Attorneys