Our Attorneys

Ellen J. Messing

Senior Counsel

MA Attorney Ellen J. Messing

Contact Information

Phone: 781-235-5500
Email: emessing@wcnllp.com
vCard: Download

Attorney Profile

Ellen J. Messing is a former partner of the firm of Messing, Rudavsky & Weliky, P.C. A cum laude graduate of Harvard University and Boston University School of Law, Ms. Messing concentrates her practice in representing employees in employment litigation, including wrongful termination, discrimination, contract, sexual harassment, and higher education and public education matters.

Recognized by her peers as a national leader among employment lawyers, she served for 15 years, including four as National Secretary, on the Board of Directors of the National Employment Lawyers Association and as cochair of NELA’s Ethics and Sanctions Committee, and co-founded NELA’s Massachusetts chapter. Elected as a Fellow of the College of Labor and Employment Lawyers in 2000, Ms. Messing also served on the Advisory Council to the American Bar Association’s Commission on Evaluation of the Rules of Professional Conduct (Ethics 2000 Commission), where she led a coalition of civil rights organizations that successfully lobbied for reform of the ABA’s Model Rule of Professional Conduct 4.2 in 2002.

That same year, she and her firm won a hard-fought decision from the Supreme Judicial Court interpreting Rule 4.2 favorably for Massachusetts plaintiffs and their attorneys. She has also successfully argued before the Massachusetts Supreme Judicial Court and the First Circuit Court of Appeals as amicus curiae, in cases seeking expansion of the rights of workers and limitation of legal doctrines that would diminish those rights.

A national consultant to other employment lawyers on ethics and Massachusetts employment law, Ms. Messing authored the chapter, “The Ethical Constraints on Talking to Potential Witnesses” in the book Representing Plaintiffs in Title VII Actions; has published extensively elsewhere on employment law and ethics issues; and has chaired or co-chaired the Boston Bar Association Professional Ethics Committee, the Massachusetts Bar Association Labor and Employment Law Section, and the Massachusetts Bar Association Labor and Employment Law Section Ethics Committee. Ms. Messing also served on the Institute for the Advancement of the American Legal System’s Ad Hoc Committee on Pattern Discovery in Federal Employment Cases.

In 2025, Massachusetts Lawyers Weekly conferred its Hall of Fame award on Ms. Messing. In 2002, Ms. Messing was recognized by Boston magazine in its “Best of Boston” list of attorneys concentrating in employment law. She was similarly recognized by Massachusetts Super Lawyers in each year from 2004 to 2025, and as one of the “Top 50 Female Massachusetts Super Lawyers” in 2004, 2005, 2009, 2011, and 2012. Ms. Messing has taught law students as an adjunct faculty member at the Boston University School of Law, as well as at the University of Michigan Law School and Northeastern University School of Law teaching evidence, trial advocacy and clinical courses. Ms. Messing was recognized as among the best attorneys in The Chambers USA America’s Leading Business Lawyers 2003-2004 Guide, selected for her skill in plaintiff’s employment and labor law. According to the Guide, Ms. Messing was described to its researchers as “smart and tough,” with an “expert plaintiffs’ practice.” She was further recognized in the 2016 Chambers USA Guide under “Labor & Employment: Mainly Plaintiffs Representation – Massachusetts” as “one of the deans of the plaintiff practice in Boston.” Attorney Messing continues to be ranked Band 1 in Chambers 2026 USA Guide.

Professional Associations, Memberships & Community Involvement
  • Co-Chair, Boston Bar Association Professional Ethics Committee, 2000 – 2002, 2013-2015

  • Fellow, College of Labor and Employment Lawyers, 2000 – present

  • Neutral Arbitrator, American Arbitration Association Panel, New England, 1997 – 2014

  • Executive Board Member, National Employment Lawyers Association, 1992 – 2006

  • Former Member, National Employment Lawyers Association Executive Board Nominating Committee

  • Founder and Former Co-Chair, Ethics and Sanctions Committee, National Employment Lawyers Association, 1990 – present

  • Member, Federal Rules Task Force, National Employment Lawyers Association; Committee Representative, Meeting of the Advisory Committee on Civil Rules, Ann Arbor, MI, 2012

  • Member, Ad Hoc Committee on Pattern Discovery in Federal Employment Cases, Institute for the Advancement of the American Legal System, 2010 – 2012

  • Member, Advisory Council to the American Bar Association’s Commission on Evaluation of the Rules of Professional Conduct (Ethics 2000 Commission), 2000 – 2002

  • President, Massachusetts Employment Lawyers Association, 1992-1997

  • President, 1995 – 96; President – Elect, 1994-95; and Program Director, 1992 – 1994, Boston Inn of Court

  • Chair, Massachusetts Bar Association Labor & Employment Law Section, 1991 – 92

  • Vice-Chair, Massachusetts Bar Association Labor & Employment Law Section, 1990 – 91

  • Member, Massachusetts Bar Association Labor and Employment Law Section Council, 1989 – 1993; 2004 – present

  • Member, Massachusetts Continuing Legal Education Curriculum Advisory Committee, 2000 – present

  • Co-Chair, Massachusetts Bar Association Labor and Employment Law Section Ethics Committee, 1988 – 1993

  • Member, Boston Bar Association Labor Law Section Continuing Legal Education Committee, 1990 – 1992

  • Former Member, Massachusetts Bar Association Brown Bag Lunch Committee

  • Member, Massachusetts Bar Association (Individual Rights and Labor Law sections); Boston Bar Association; National Employment Lawyers Association; Massachusetts National Employment Lawyers Association; Boston Inn of Court

     

Honors & Recognition
  • Lawyers Weekly Hall of Fame Award, 2025

  • National Lawyer Guild Lawyer of the Year Award (NLG), 2023

  • Invited Participant, “A Forum for Understanding and Comment on the Proposed Federal Rules Amendments,” Institute for the Advancement for American Legal System, December 2013 (national meeting of experienced Federal Court practitioners called to discuss and critique proposed amendments to the Federal Rules of Civil Procedure)

  • LawDragon’s 500 Leading Plaintiff Employment Lawyers Guide, 2018-present

  • Awarded the Visionary Pro Bono Service Award from Massachusetts Employment Lawyers Association (MELA), 2018

  • Listed in Band 1 by Chambers USA under “Labor & Employment: Mainly Plaintiffs Representation – Massachusetts” Cited as “tenacious” and “strong advocate for her clients,” 2014- present

  • Recognized by Massachusetts Super Lawyers annually from 2004 to the present; listed in the Top 50 Female Super Lawyers in the state for 2004-­2005, 2009-2012

  • Ranked by U.S. News/Best Lawyers “Best Law Firms” in Tier 1 of Boston for Labor & Employment Litigation Firms (2013 Edition – Present); Employment Law – Individuals (2014 Edition – Present)

  • Listed in Best Lawyers in America under “Litigation – Labor & Employment” practice area from 2012 to the present

  • Martindale-Hubbell – AV-Preeminent rating

News, Events & Publications
  • “State of the Law on Free Speech in the Workplace & School” ” Massachusetts Continuing Legal Education, 2026
  • “Roadmap to the ADA Interactive Process” Massachusetts Continuing Legal Education, 2024, 2025
  • “Employment & Labor Law: MCLE BasicsPlus!” Massachusetts Continuing Legal Education, 2022, 2023, 2024, 2025
  • “Drafting Severance Documents: A Plaintiff’s Attorney’s Perspective,” with Weliky, J.S., in Massachusetts Continuing Legal Education, Drafting Employment  Documents in Massachusetts, 2002, 2007, 2013, 2014, 2016, 2020, 2022, 2025
  • “Employment Contracts: An Employee Perspective,” in Massachusetts Continuing Legal Education, Drafting Employment Documents in Massachusetts, 1999, 2002, 2008, 2009, 2013, 2015,2023, 2025
  • “Moving for & Opposing Motions for Summary Judgment” Massachusetts Continuing Legal Education, 2024
  • “Navigating Employment Law Ethics” Massachusetts Continuing Legal Education, 2023
  • “The Relationship Between the Americans with Disabilities Act, Massachusetts Handicap Discrimination Law, and the Massachusetts Workers’ Compensation Act, with Weliky, J.S., in Massachusetts Continuing Legal Education, Workers’  Compensation Practice in Massachusetts, 1996, 2000, 2012, 2015, 2018, 2020, 2022
  • “Interactive Process Under the ADA in the Post-Pandemic World” Massachusetts Continuing Legal Education, 2022
  • “Bulwer and Verdrager: The SJC Speaks Out on Pretext in Employment Discrimination Cases”
  • “‘1st look’ at What the Verdrager Case Means for Employee Self-Help Discovery,” with Martin J. Newhouse, in Massachusetts Continuing Legal Education Webinar, How to Use Employer Information Ethically, 2016
  • “Verdrager v. Mintz Levin: The SJC Establishes Standards for Protected Self-Help Discovery in Aid of Anti-Discrimination Claims in Massachusetts,” with Martin J. Newhouse, in Boston Bar Journal, Case Focus, 2016
  • “Negotiating Executive Employment Agreements on Behalf of the Employee,” in Massachusetts Bar Association Employment Law Conference, 2016
  • “Effectively Combating Retaliatory Counterclaims and Countersuits,” in National Employment Lawyers Association Reining In Retaliation and Winning Whistleblower Cases Seminar, 2016
  • “Discrimination Law Update,” in Massachusetts Continuing Legal Education Employment Law Conference, 2015
  • “Maintaining Professional Boundaries in Dealing with Difficult Clients,” in National Employment Lawyers Association Convention, 2015
  • “Mediation: Dos and Don’ts from the Experts,” in National Employment Lawyers Association, Annual Convention Program Materials, 2014
  • “How to Use Employer Information Ethically” (Update), with Marshall, D.J., in National Employment Lawyers Association, Fall Seminar Program Materials, 2013
  • “Annotated Written Discovery in a Non-Selection Case,” with Donnelly, C.J., in National Employment Lawyers Association, Annual Convention Program Materials, 2013
  • “How to Use Employer Information Ethically,” with Marshall, D.J., in
  • Metropolitan Washington Employment Lawyers Association, Annual Conference  Materials, 2013
  • “Dodd-Frank’s Anti-Retaliation and Whistleblower-Bounty Provisions,” in Massachusetts Continuing Legal Education, 15th Annual Employment Law Conference Materials, 2012
  • “Fitness for Duty Evaluations – A Legal Perspective,” with Burress, J.W. and Lewis, B.E., in New England College of Occupational and Environmental Medicine, Annual Conference Program Materials, 2012
  • “NELA’s Initial Draft Proposed Protocols Compared with the Final Version Issued by the Federal Judicial Center,” with Donnelly, C.J., in National Employment Lawyers Association, Annual Convention Program Materials, 2012
  • “Ethical Issues Arising Between Plaintiffs’ Attorneys and Clients in the Mediation and Settlement Process,” with Seltzer, D.L., in National Employment Lawyers Association, Spring Seminar Program Materials, 2012
  • “Arbitration Megatrends – A Perspective From The Northeast,” with Rudavsky, D.C., in American Bar Association Section of Labor and Employment Law, Annual Conference Program Materials, 2011
  • “Two Issues In Attorneys Fee Agreements: Mixed Hourly/Contingent Agreements, And Calculation of Contingent Percentage,” with Seltzer, D.L., in National Employment Lawyers Association, Annual Convention Program Materials, 2011
  • “Survey of State Laws on Propriety and Disclosure to Client of Attorney Referral Fees,” with Seltzer, D.L., in National Employment Lawyers Association, Annual Convention Program Materials, 2011
  • “Thinking Through Your Summary Judgement Response,” in National Employment Lawyers Association, 7th New England Regional Conference Materials, 2011
  • “Quick Tip on Using Staub to Defeat Summary Judgment,” with Merritt, K.C., in National Employment Lawyers Association, 7th New England Regional Conference Materials, 2011
  • “A Plaintiff’s Lawyer’s Guide to the 2010 Amendments to Rule 56,” with Merritt, K.C., in National Employment Lawyers Association, 7th New England Regional Conference Materials, 2011
  • “Some Tips for Effective Direct Examination in Employment Discrimination Cases (2011 Update),” with Merritt, K.C., in National Employment Lawyers Association, Spring Seminar Program Materials, 2011
  • “Maximizing the Value of Arbitration for Our Clients,” with Weliky, J.S., in National Employment Lawyers Association, Annual Convention Program Materials, 2010
  • “Anticipating and Addressing the Problem of the Power Dynamic in Mediation,” in Massachusetts Continuing Legal Education, Help! Protect Me from My  Employment Clients, 2010
  • “Two Tips for Plaintiffs Lawyers In Employment Cases,” with Merritt, K.C., in Massachusetts Continuing Legal Education, Annual Employment Law Conference, 2010
  • “Evidence about Other People: When Is it Admissible in Your Plaintiff’s Employment Case?,” with Merritt, K.C., in Massachusetts Continuing Legal Education, Effectively Using & Excluding Evidence in Employment Cases, 2010
  • Set of mock motion papers, including: “Plaintiff’s Opposition To Defendant’s Motion In Limine Concerning Herman Resources’s DUA Testimony”; “Plaintiff’s Opposition To Defendant’s Motion To Exclude Unemployment Records”; “Plaintiff’s Motion To Exclude Tax Records From Evidence”; “Plaintiff’s Opposition To Defendant’s Motion to Exclude Evidence Of Subsequent Performance Of Comparator”; “Plaintiff’s Motion To Exclude Evidence Regarding Plaintiff’s Performance In Subsequent Employment”; “Plaintiff’s Motion To Exclude Mental Health Records From Evidence,” with Merritt, K.C., in Massachusetts Continuing Legal Education, Effectively Using & Excluding  Evidence in Employment Cases, 2010
  • “Anatomy of a Client Fee Agreement,” in Metropolitan Washington Employment Lawyers Association, Annual Conference Materials, 2010
  • “Joint Representation in Employment Litigation from the Plaintiff’s Counsel’s Perspective,” with Bernt, L., in American Bar Association, National Conference on Equal Employment Opportunity Law, 2010
  • “Winning the “Protected Activity” Argument in Retaliation Cases,” in National Employment Lawyers Association, Fall Seminar Program Materials, 2009
  • “Protecting Employee Communications in the Modern Workplace,” American Bar Association Section of Labor & Employment Law, Annual CLE Conference Materials, 2009
  • “Ghostwriting for Pro Se Litigants: Some Traps for the Unwary,” with Merritt, K.C., in National Employment Lawyers Association, Annual Convention Program  Materials, 2009
  • “Tips for Plaintiffs’ Counsel Concerning the Risks of Misrepresentation in Settlement Negotiations,” with Merritt, K.C., in National Employment Lawyers Association, Annual Convention Program Materials, 2009
  • “Trial Skills MasterClass Fact Pattern,” in Massachusetts Continuing Legal Education, Employment Law Seminar, 2009
  • “Insurance Coverage in Employment Cases: A Primer for Plaintiffs’ Counsel,” with Merritt, K.C., in National Employment Lawyers Association, Annual Convention Program Materials, 2008
  • “Expert Testimony on Emotional Distress in Employment Cases: A Plaintiffs’ Attorney’s View,” with Merritt, K.C., in American Bar Association Section of Labor & Employment Law, Annual CLE Conference Materials, 2008
  • “Two Tips for Plaintiffs Lawyers in Employment Cases,” with Merritt, K.C., in Massachusetts Continuing Legal Education, Annual Employment Law Conference, 2008
  • “E-Discovery in Employment Cases: Some Tips for Drafting Effective Discovery Documents,” with Weliky, J.S., and Merritt, K.C., in Massachusetts Continuing Legal Education, Electronic Discovery Seminar Materials, 2008
  • “E-Discovery in Employment Cases: Sample E-Discovery Document Requests,” with Weliky, J.S., and Merritt, K.C., in Massachusetts Continuing Legal Education, Electronic Discovery Seminar Materials, 2008
  • “E-Discovery in Employment Cases: Sample Litigation Hold Letter (Sexual Harassment Case)” with Weliky, J.S., and Merritt, K.C., in Massachusetts Continuing Legal Education, Electronic Discovery Seminar Materials, 2008
  • “Tips from the Trenches: Using E-Discovery in Financial Industry Sexual Harassment Cases,” with Merritt, K.C., in National Lawyers Guild, Mass Dissent, 2008
  • “A Plaintiff’s Perspective on Medical Examinations Under Rule 35,” with Merritt, K.C., in American Bar Association Section of Labor & Employment Law, Annual CLE Conference Materials, 2008
  • “Strategic Considerations in Representing Current Employees Who Are Pursing Claims Against Their Employers,” in National Employment Lawyers Association, Fall Seminar Program Materials, 2008
  • “Summary of Possible Employment Claims Under Massachusetts and Federal Law,” with Weliky, J.S., Massachusetts Continuing Legal Education, 2008
  • “Insurance Coverage in Employment Cases: A Primer for Plaintiffs’ Counsel,” with Merritt, K.C., in National Employment Lawyers Association, Annual Convention Program Materials, 2008
  • “Ethical Issues in Witness Preparation and Coaching,” with Merritt, K.C., in National Organization of Lawyers for Education Associations, Annual Conference  Materials, 2008
  • “Contacting Employees of an Adverse Corporate Party: A Plaintiff’s Attorney’s View (2007 Update),” with Weliky, J.S., in National Organization of Attorneys for Education Associations, Annual Conference Materials, 2008
  • “Some Tips for Effective Direct Examination in Employment Discrimination Cases,” with Merritt, K.C., in National Employment Lawyers Association, Spring Seminar Program Materials, 2008
  • “Negotiating Executive Employment Agreements on Behalf of the Employee,” American Bar Association Section of Labor and Employment Law, Annual CLE  Conference Program Materials, 2007
  • “Preparing or Coaching the Witness: Where is the Ethical Line?” with Wise, J. and Eisenberg, H., in National Employment Lawyers Association, Annual  Convention Materials, 2007
  • Update to “Professional Conduct and the Preparation of Witnesses for Trial: Defining the Acceptable Limitations of ‘Coaching,’” in National Employment Lawyers Association, Annual Convention Materials, 2007
  • “Recurring Evidentiary and Expert Issues in Employment Litigation,” in American Law Institute – American Bar Association, Litigating Employment Discrimination  and Employment Related Claims and Defenses in Federal and State Courts, 2007
  • “Ethical Issues in Employment Litigation,” in American Law Institute – American Bar Association, Litigating Employment Discrimination and Employment Related Claims and Defenses in Federal and State Courts, 2007
  • “Covenants Not to Compete,” with Cattani, J., in National Employment Lawyers Association, New England Regional Conference Materials, 2006
  • “I Came, I Saw, I’m Leaving,” in National Employment Lawyers Association, New England Regional Conference Materials, 2006
  • “Lessons Learned from the Rule 4.2 Battle,” in National Employment Lawyers Association, Annual Convention Manual, 2006
  • “The Five Secret Tips for Achieving Happiness, Success and Prosperity as a Plaintiff’s Employment Lawyer (Hint: It’s All About Picking Your Cases),” in Massachusetts Continuing Legal Education, Employment Law Basics, 2006
  • “The Ethical Constraints on Talking to Current Employees of a Corporate Opposing Party,” with Weliky, J.S. in Spriggs, K., Representing Plaintiffs in Title VII Actions, (2d Ed.) Aspen Publishers, 2005
  • “Silence Like a Cancer Grows’ or ‘You Talk Too Much’? Ethical and Strategic Issues in Communications by Plaintiff’s Counsel with Putative Class Members,” with Weliky, J.S. and Cunningham, J., in National Employment Lawyers Association, Impact Litigation Conference Manual, 2005
  • “You Do the Math: The Art of Calculating Settlement Demands,” with Weliky, J.S., in National Employment Lawyers Association, Annual Convention Manual, 2005
  • “Contacting Employees of an Adverse Corporate Party: A Plaintiff’s Attorney’s View (2003 Update),” with Weliky, J.S., in American Bar Association, 19 The  Labor Lawyer, Vol. 3, 2004
  • “Mandatory Arbitration Clauses in Employment Contracts: An Overview of the Law in Massachusetts,” with Cattani, J. and Evangelista, K., in Massachusetts Continuing Legal Education, What Every Lawyer Should Know About Arbitration, 2004
  • “Punitive Damages Awards in Employment Discrimination Cases,” with Evangelista, K., in Massachusetts Continuing Legal Education, Employment Law Conference, 2004 “Seeking Damages for Common Law Claims in Employment Termination Cases,” with Evangelista, K., in Massachusetts Continuing Legal Education, Employment Law Conference, 2004
  • “Joint Representation in Employment Litigation from the Plaintiff’s Counsel’s Perspective, with Bernt, L., in National Organization of Lawyers for Education Association, Annual Conference Materials, 2003
  • “Representing Whistleblowers in Massachusetts After Sarbanes-Oxley,” with Rogoyski, R., in Massachusetts Continuing Legal Education Seminar, Litigating in  the Wake of the Enron Flood: Regulatory Issues a Year After the Sarbanes-Oxley  Act, July 2003 “Mandatory Arbitration Clauses in Employment Contracts: An Overview of the Law in Massachusetts,” in Massachusetts Bar Association, 23rd Annual Labor &  Employment Law Spring Conference Materials, 2002
  • “Your First Plaintiff’s Employment Case: Spotting the Issues,” with Weliky, J.S., in Massachusetts Continuing Legal Education, Representing Indigent Clients in  Federal Court, 2002
  • “Executive Compensation Packages: An Overview from the Employee’s Point of View,” with Cattani, J., in American Bar Association Section of Labor and Employment Law Annual Meeting, Annual Convention Materials, 2001 (reprinted, The Practical Lawyer, October 2002)
  • “SJC Decision Restores Fairness in Litigation,” with Rudavsky, D.C., in Massachusetts Lawyers Weekly, April 2002
  • “Controlling the Effects of Power Imbalances in Settlement Negotiations,” in National Employment Lawyers Association, Annual Convention Materials, 2001
  • “Litigation and Discovery Strategies in ‘Downsizing’ Cases: A Plaintiff’s Perspective,” with Cattani, J., in Massachusetts Bar Association, Hot Employment  Issues in a Cooling Economic Climate, 2001
  • “Drafting Settlement Documents: A Plaintiff’s Attorney’s Perspective,” with Weliky, J.S., in Leibowitz, A.G., Drafting Employment Documents in  Massachusetts, Massachusetts Continuing Legal Education, 2001
  • “The Ethical Constraints on Talking To Potential Witnesses,” in Spriggs, K., Representing Plaintiffs in Title VII Actions, Aspen Publishers, 2001
  • “Evidence about Other People: When Is it Admissible in Your Plaintiff’s Employment Case?”, in Massachusetts Continuing Legal Education, Employment Law Basics, 2000
  • “Summary of Possible Employment Claims Under Massachusetts and Federal Law,” with Weliky, J.S., in Massachusetts Continuing Legal Education, Representing Indigent Plaintiffs in Federal Court, 2000
  • “Cross-Examination of Human Resources Witnesses in Employment Cases,” in 33rd Annual Pacific Coast Labor and Employment Law Conference, 2000
  • “Common Mediation Mistakes and How to Avoid Them,” in National Employment Lawyers Association, Annual Convention Materials, 2000
  • “Summary of Possible Employment Claims Under Massachusetts and Federal Law,” with Weliky, J.S., in Employment Law in Massachusetts, Human Resources Institute, 1999
  • “Rule 11 Sanctions: Recent Cases,” in National Employment Lawyers Association, Annual Convention Materials, 1999
  • “Contacting Employees of An Adverse Corporate Party: A Plaintiff’s Attorney’s View (1999 Update),”, in National Employment Lawyers Association, Annual  Convention Materials, 1999
  • “Disclosure of Psychological Records and Medical Examinations: A Plaintiff’s Perspective,” in Suffolk University Law School, Judgment Calls: What the New Developments in Sexual Harassment Law Mean to Your Practice,” 1998
  • “Protecting Victims’ Interests During Sexual Harassment Investigations,” in Suffolk University Law School, Judgment Calls: What the New Developments In  Sexual Harassment Law Mean to Your Practice, 1998
  • “The Relationship Between the Family and Medical Leave Act, Disability Discrimination Laws, and State Parental Leave Statutes,” in National Employment Lawyers Association, Gender Discrimination Seminar Materials, 1999
  • “Protecting Victims’ Interests During Investigations of Sexual Harassment Complaints,” in Massachusetts Continuing Legal Education, Bulletproofing Clients From Sexual Harassment Claims, 1998
  • “Employment Law Analysis,” in Self-Help for the Hard of Hearing, Annual  Convention Materials, 1998
  • “Ethical Issues to Consider When Preparing Client Fee Agreements,” with Cattani, J.P., in National Employment Lawyers Association, Annual Convention Materials, 1998
  • “Overview of Recent Developments in Common Law Claims,” in American Law Institute – American Bar Association, Employment Discrimination and Civil  Rights Actions in Federal and State Courts, 1997
  • “Privacy Concerns and Disability Laws,” in MetroWest Center for Continuing Education, Privacy in the Workplace, 1997
  • “Preparing the Plaintiff for Mediation in an Employment Case,” in Massachusetts Bar Association, Settlement Issues in Employment Discrimination Cases, 1997
  • “The Gender-Based Hostile Environment: when Non-`Sexual’ Harassment Is Still Illegal Harassment,” with Weliky, J.S., in Massachusetts Continuing Legal Education, Bringing and Defending Sexual Harassment Cases, 1996
  • “Same Sex Sexual Harassment,” with Weliky, J.S., in Massachusetts Continuing Legal Education, Bringing and Defending Sexual Harassment Cases, 1996
  • “Protecting Victims’ Interests During Investigation of Sexual Harassment Complaints,” with Weliky, J.S., in Massachusetts Continuing Legal Education, Bringing and Defending Sexual Harassment Cases, 1996
  • “Reasonable Accommodations for Persons With `Hidden’ Disabilities,” with Weliky, J.S., in Suffolk University Law School, The Impaired/Disabled Professional, 1996
  • “First Circuit Astra Ruling Aids Anti-Bias Effort,” with Rudavsky, D.C., and Like, S., Massachusetts Lawyers Weekly, 1996
  • “Strategic Considerations in Representing Current Employees Who Are Pursing Claims Against Their Employers,” in Boston Bar Association, The Employee Who Sues and Stays, 1996
  • “Disclosure of Psychological Records and Mental Examinations: A Plaintiff’s Perspective,” with Rudavsky, D.C. and Weliky, J.S., in National Employment Lawyers Association, New England Regional Conference Materials, 1996
  • “Drafting Settlement Documents: A Plaintiff’s Attorney’s Perspective,” in Massachusetts Continuing Legal Education, Drafting Termination Documents, 1996
  • “Sample Employment Agreements,” in Massachusetts Continuing Legal Education, Documenting the Hiring Process, 1996
  • “Excerpts From Memorandum of Law on Two Common Evidentiary Issues in Discrimination Cases: (1) Bigoted Comments in Workplace and (2) Statistics,” in Massachusetts School of Law, Third Annual Employment Law Conference, 1995
  • “Revisiting The `Rhetoric’ of Job Discrimination,” with Rudavsky, D.C., in Massachusetts Lawyers Weekly, 1995
  • “The Americans with Disabilities Act: Its Effect on Major Disabilities in the Workplace,” in Massachusetts Continuing Legal Education, Mock Trial of an MCAD Disability Discrimination Case, 1995
  • “Work Schedule Changes as Reasonable Accommodations for Persons with Disabilities,” with Churchill, S.S., in Massachusetts Bar Association, Reasonable Accommodations Under the ADA, 1994
  • “Annotated Sample Complaint in a Sexual Harassment Case,” in Suffolk University Law School, Law and Feminism: Perspectives in Practice and Theory, 1994
  • “The Law of Sexual Harassment in the Workplace,” in Suffolk University Law School, Law and Feminism: Perspectives in Practice And Theory, 1994
  • “Recent Developments in Employment Law,” with Churchill, S.S., in Massachusetts Defense Lawyers Association, Charting the Changes, 1993
  • “The Relationship Between The Family Medical Leave Act, Disability Discrimination Laws, And The Massachusetts Maternity Leave Statute,” with Churchill, S.S., in National Center For Continuing Education, Implementing The Family Medical Leave Act, 1993
  • “Age Discrimination Law In Massachusetts: An Overview,” with Churchill S.S., in Massachusetts Bar Association, Age Discrimination in Employment, 1993
  • “Conciliation Tactics and Strategy: Complainant’s Perspective,” Massachusetts Continuing Legal Education, Settling Your MCAD Case: A Practical Guide to Strategy and Tactics, 1993
  • “The Law of Sexual Harassment in the Workplace,” with Michon, K.J., in Massachusetts School of Law, First Annual Employment Law Conference, 1993
  • “Annotated Sample Complaint in a Sexual Harassment Case,” in Massachusetts School of Law, First Annual Employment Law Conference, 1993
  • “Proof of Pretext Under Massachusetts Discrimination Law,” Massachusetts Bar Association, 1993
  • “Employment Contract Claims (1993 Supplement)” in Walsh, M.C., ed., A Judicial Guide to Labor and Employment Law (1993 Supplement) (Lawyers Weekly Publications, 1993)
  • “Wrongful Termination Claims (1993 Supplement)” with Owens, R. and Rodrigues, L., in Walsh, M.C., ed., A Judicial Guide to Labor and Employment Law (1993 Supplement) (Lawyers Weekly Publications, 1993)
  • “Workers’ Compensation” in Phelan, G. and Arterton, J.B., Disability Discrimination in The Workplace, Clark Boardman Callaghan, 1992
  • “The 1991 Civil Rights Act: Increased Plaintiff Rights and Expanded Remedies,” with Gelb, M., in Council on Education in Management, Personnel Law Update, 1993, 1992
  • “Motions to Dismiss and Massachusetts Employment Law,” with Mantell, R.S., in Boston Bar Association, Motions To Dismiss In Employment Cases, 1992
  • “A Plaintiff’s Perspective on Depositions in Employment Cases,” in Massachusetts Continuing Legal Education, Use of Depositions in Employment Litigation, 1992
  • “Contacting Employees Of An Adverse Corporate Party: A Plaintiff’s Attorney’s View (1992 Update),” in National Employment Lawyers Association, Proceedings of Annual Meeting, 1992
  • “Annotated Sample Complaint In A Sexual Harassment Case,” with Baker, K.G., in Massachusetts Bar Association, Thirteenth Annual Conference on Emerging Topics in Employment Law, 1992
  • “Applying the Law of Sexual Harassment to the Law Enforcement Workplace,” in Labor Relations Information System, Discrimination, Harassment and Affirmative Action, 1992
  • “Applying Sexual Harassment Law to a Workplace Setting,” in Massachusetts Association for Law-Related Education, Sexual Harassment, 1992
  • “The Law of Sexual Harassment in the Workplace,” with Michon, K.J., in Labor Relations Information System, Discrimination, Harassment and Affirmative Action and in Massachusetts Association for Law-Related Education, Sexual Harassment, 1992
  • “Applicability of the 1991 Civil Rights Act to Pending Cases And Pre-Act Conduct,” in Boston Bar Association, Fifth Annual Spotlight On Employment Law, 1992
  • “The Massachusetts Equal Rights Act,” in Massachusetts Bar Association, Employment Law: Current Issues and Trends, 1991
  • “The Americans With Disabilities Act: Its Effect On Major Disabilities In The Workplace,” in Massachusetts Continuing Legal Education, Best of Massachusetts  Continuing Legal Education Journal, 1992 and in Massachusetts Bar Association, Employment Law: Current Issues and Trends, 1991
  • “Recent Developments Under Chapter 151B,” with Hyndman, C. H., in Massachusetts Bar Association, Employment Law: Current Issues and Trends, 1991
  • “Common Law and Miscellaneous Statutory Wrongful Termination Claims,” with Hyndman, C. H., in Massachusetts Bar Association, Employment Law:  Current  Issues and Trends, 1991
  • “Civil Rights Claims Under State Law,” in ALI-ABA, Employment Discrimination and Civil Rights Actions in Federal and State Courts, 1991
  • “Contacting Employees Of An Adverse Corporate Party,” in National Employment
  • Lawyers Association, Proceedings of Annual Meeting, 1991
  • “Constructive Discharge Standards Under Federal Law (1991 Supplement),” with Baker, K.G., in Tobias, P., ed., Litigating Wrongful Discharge Claims (Callaghan & Co.), 1991 Supplement
  • “Challenging Employee Layoffs: A Plaintiff’s Perspective,” in Boston Bar Association, 4th Annual Spotlight on Employment Law, 1991
  • “Recent Developments in Massachusetts Discrimination Law,” in Massachusetts Academy of Trial Attorneys, Trial Practice & Procedure: Employment & Labor Law, 1990
  • “Summary Judgment Standards in the First Circuit,” with Baker, K.G., in Boston Bar Association, Summary Judgment In Employment Cases, 1990
  • “Employment Contract Claims,” with Owens, R. and Rodrigues, L., in Walsh, M.C., ed., a Judicial Guide to Labor And Employment Law (Lawyers Weekly Publications, 1990)
  • “Wrongful Termination Claims,” with Owens, R. and Rodrigues, L., in Walsh, M.C., ed., a Judicial Guide To Labor And Employment Law (Lawyers Weekly Publications, 1990)
  • “Litigating Section 1981 Cases After Patterson,” in Massachusetts Academy of Trial Attorneys, Trying Employment Discrimination Cases After the 1989  Supreme Court Decisions, 1989
  • “Supreme Court Employment Decisions, 1988-89 Term,” in Massachusetts Continuing Legal Education, Employment Discrimination Law After the Deluge, 1989
  • “An Outline of Employer Obligations Under State and Federal Anti- Discrimination Law and Massachusetts Common Law,” in Massachusetts
  • Continuing Legal Education, Fundamentals of Corporate Operation, 1988 (revised 1989) “Defamation Claims in Massachusetts Against Plaintiff’s Employer or Former Employer,” in Massachusetts Bar Association, Ninth Annual Conference On  Emerging Topics in Employment Law, 1988
  • “Application Of MCAD Probable Cause Standard To A Hypothetical Case – Complainant’s Viewpoint,” with Alper, J., in Massachusetts Continuing Legal Education, Third Annual New England Employee Relations Conference, 1988
  • “Sample Annotated Complaint in a Sexual Harassment Case,” with Baker, K.G., in Massachusetts Academy of Trial Attorneys, Wrongful Termination: Overview of  Massachusetts Law and Update, 1988
  • “Constructive Discharge Standards Under Federal Law,” in Tobias, P., ed., Litigating Wrongful Discharge Claims (Callaghan & Co., 1987)
  • “Theories of Common-Law Recovery for Employer Negligence,” with Shilepsky, N., in Tobias, P., ed., Litigating Wrongful Discharge Claims (Callaghan & Co., 1987)
  • “Seabrook’s Financial Crisis: Effects on Municipal Utilities,” 13 MASS. LAW. WEEKLY 17, 48 (September 24-October 1, 1984)
  • “Northeast Low-Level Radioactive Waste Compact: A Proposed Redraft.” (with J. Kenyon and R. Ritchie) September, 1983
  • “Confidentiality Issues in Title III Reporting,” 7 NSCLC WASH. WEEKLY No. 23 at 4 (June 5, 1981), reprinted in 3 A.B.A. BIFOCAL No. 2 at 4 (June, 1981)
Practice Areas
  • Employment Litigation
  • Employment Law for Employees
Education
  • Boston University School of Law, JD
  • Harvard University AB
Bar Admissions
  • Massachusetts

  • Supreme Judicial Court of Massachusetts, 1977

  • U.S. District Court, District of Massachusetts, 1980

  • U.S. Court of Appeals, First Circuit, 1994