Bob is a partner and chair of the firm's Labor, Employment and Employee Benefits Group, where he specializes in employment litigation in defense of corporations and their executives. He routinely appears in federal and state courts throughout New England and beyond, as well as before the Massachusetts Commission Against Discrimination, the Equal Employment Opportunity Commission, and the Civil Service Commission in defense of claims of discrimination, sexual harassment, wrongful termination, breach of contract, and wage payment violations. Bob also has extensive experience in both defense and enforcement of non-compete agreements. In addition, he represents management for both governmental and private-sector employers in grievance arbitrations filed by unions, with particular emphasis on the health care industry. Apart from his employment litigation practice, Bob advises clients on a broad range of employment and human resource-related issues.
Prior to joining Mirick O'Connell, Bob served 10 years active duty as an officer in the U.S. Marine Corps, where he was awarded four medals for leadership excellence. In addition, he has served as a special assistant district attorney, as an employment litigator for Testa, Hurwitz & Thibeault, and as a litigation associate for Ropes & Gray in Boston.
Bob has been named a Massachusetts "Super Lawyer" by Boston magazine and Law & Politics. He was also previously named a Massachusetts "Rising Star" for three consecutive years.
Bob has been selected as employment litigation counsel for all employment claims filed in Massachusetts against a Fortune 50 client.
Representative Matters
- Successfully represented a major healthcare industry client facing claims of disability discrimination, retaliation and constructive discharge before the Massachusetts Commission Against Discrimination. All claims were dismissed following seven days of public hearings
- Successfully defended a major healthcare institution facing claims of disability discrimination in U.S. District Court. Case was dismissed following a motion for summary judgment
- Enforced a non-competition agreement on behalf of an educational software company, resulting in the removal of a former executive from the competitor's workforce and the recoupment of attorneys' fees
Successfully defended a sales executive facing a non-compete enforcement action by his former employer in Delaware Court of Chancery - Represented a public company facing allegations of disability discrimination; the case was dismissed at the investigative stage of proceedings before the Massachusetts Commission Against Discrimination
- Successfully defended six executives facing 11 counts of discrimination, wrongful termination, and whistleblower retaliation in federal court; the case was won with an initial motion to dismiss prior to discovery
- Defended a municipality facing breach-of-contract claims in federal court following termination of an employee's contract for poor performance; the case was won prior to summary judgment based on admissions extracted at plaintiff's deposition, followed by a demand that the plaintiff voluntarily dismiss her case or face a motion for sanctions for having filed an action in bad faith
- Defended a major medical institution facing claims of breach of contract, intentional interference with contractual relations and defamation in federal court; the case was won with an initial motion to dismiss prior to discovery
Represented a service provider company and its executives facing age discrimination claims; the case was won based on admissions extracted at the plaintiff's deposition, followed by a demand that the plaintiff voluntarily dismiss his case or face a claim for attorneys' fees based on having filed a frivolous lawsuit - Successfully represented a major medical institution facing claims of pregnancy discrimination and gender bias at the Massachusetts Commission Against Discrimination
- Successfully represented a major medical institution in grievance arbitration involving a claim that supervisors were performing bargaining unit work
- Successfully represented a transportation company in grievance arbitration involving a claim that drivers were not properly compensated during meal breaks
- Defended a major medical institution in an action at the Massachusetts Commission Against Discrimination brought by a former physician claiming disability discrimination; the case was won based on admissions extracted at the plaintiff's deposition, followed by a demand that the plaintiff voluntarily dismiss his case or face a motion for sanctions for pursuing an action in bad faith
- Successfully represented in grievance arbitration a client who terminated an employee based on allegations of sexual misconduct in the workplace
- Successfully represented a major medical institution in grievance arbitration involving the transfer of an employee based on the hospital's belief that he was unable to safely perform certain job duties
- Successfully defended a financial services company facing allegations of breach of employment contract following the termination of an employee for inappropriate behavior in the workplace
- Defended a public entity facing breach-of-contract claims; the court granted our client summary judgment on all claims
- Successfully defended a public entity facing 11 counts of discrimination, wrongful termination and whistleblower retaliation in federal court; the court granted our client summary judgment on all claims
