Employment Litigation

Labor & Employment Home Page

The numerous statutes governing the workplace provide fertile grounds for litigation.  Discrimination claims, wrongful discharge suits, and claims for back wages, to name just a few, are common.  Our attorneys recognize that every employment case is unique, and we utilize a triage approach to identify a client’s goals, resources, and ideal resolutions. We then develop strategies designed to achieve maximum results in the timeliest, most cost-effective fashion.  We settle cases when settlement is in the client’s best interest, and try cases when a client is better served by judicial resolution.  We also explore alternative dispute resolution (mediation or arbitration) to resolve disputes.

When litigation becomes necessary, PKJ attorneys are aggressive and seasoned, with the benefit of years of experience prosecuting and defending claims in state and federal courts, as well as federal and state administrative tribunals such as the Massachusetts Commission Against Discrimination, the District of Columbia Human Rights Commission, the Illinois Department of Human Rights, the Pennsylvania Human Relations Commission, the Equal Employment Opportunity Commission, the Division of Unemployment Assistance, the Industrial Accidents Board, and the Occupational Safety and Health Administration. Our attorneys are versed in claims involving wrongful discharge, sexual harassment, discrimination (age, gender, handicap, national origin, and sexual orientation), breach of contract, enforcement of non-competition and non-solicitation agreements, as well as violations of the following state and federal statutes:

  • The Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621 et seq.
  • Title VII of the Civil Rights Act of 1964
  • Sections 1981 through 1988 of Title 42 of the United States Code
  • The Employee Retirement Income Security Act of 1974 (“ERISA”)
  • The Immigration Reform and Control Act
  • The Family Medical Leave Act
  • The National Labor Relations Act
  • The Civil Rights Act of 1991
  • The Equal Pay Act of 1963
  • The Americans with Disabilities Act of 1990
  • The Workers Adjustment and Retraining Notification Act
  • The Fair Credit Reporting Act
  • The Massachusetts Law Against Discrimination, G.L. c. 151B
  • The Massachusetts Privacy Statute, G.L. c. 214, § 1B
  • The Massachusetts Wage Payment Statute, G.L. c. 149, § 148 et seq.
  • The Massachusetts Consumer Protection Act, G.L. c. 93A
  • The Massachusetts Civil Rights Act, G.L. c. 12, § 11
  • The Massachusetts Equal Rights Act, G.L. c. 93
  • The Massachusetts Healthcare Providers Protection Act, G.L. c. 149, § 187

PKJ’s employment litigation practice is led by David W. Krumsiek.  Mr. Krumsiek, a graduate of Boston College Law School, has practiced law in the Greater Boston area for more than 15 years.  He has considerable experience representing both employers and employees in cases in the Massachusetts Superior and District Courts, the United States District Court, and in administrative hearings before the Massachusetts Commission Against Discrimination and the Equal Employment Opportunity Commission.  He has taken more than forty cases to verdict, and participated in dozens of arbitrations and mediations in alternative dispute resolution forums.

Areas of Experience

  • Sexual harassment, age discrimination, gender discrimination, handicap discrimination and national origin discrimination cases in state and federal courts, state discrimination commissions, and the Equal Employment Opportunity Commission.
  • Family with Medical Leave Act prosecution and defense.
  • Employee Retirement Income Security Act (ERISA) claims.
  • Executive compensation agreements.
  • Non-competition/non-solicitation agreements enforcement and defense.
  • Massachusetts Wage Act claims.
  • Reductions in Force/WARN Act claims.

Representative Matters

For more information, please contact:

Boston
David W. Krumsiek
dkrumsiek@pkjlaw.com
(617) 720-4300

Washington, DC
Kenneth A. Sprang
ksprang@pkjlaw.com