Employment Law

Fighting to Protect Workplace Rights

Are you facing problems at work, such as discrimination, harassment, performance issues, termination, or workplace conflict? If you believe your workplace rights have been violated, we can assist.

Our Boston legal team is known for being tenacious fighters, and for standing up to major institutions and government agencies in Massachusetts. We have helped employees succeed in some of the most hotly contested cases against universities, government agencies, and hospitals, raising claims of sexual harassment, systemic race and gender discrimination, and pregnancy and caregiver discrimination.

A Rigorous and Thoughtful Approach

We represent workers at all levels and across diverse professions. After assessing your unique needs and goals, we research the facts and the law and think carefully and creatively about how to frame and advance your legal claims to achieve the best outcome. Because of our extensive trial experience, we are always prepared to take a case all the way through trial, if necessary.

Across Full Spectrum of Employment Matters

In both litigation and negotiation, we represent individuals who have been subjected to unlawful employment practices, including:

  • Discrimination or harassment based on race, gender, age, disability, pregnancy, caregiver status, ethnicity, national origin, and sexual orientation
  • Equal pay and other wage violations
  • Wrongful termination
  • Whistleblower violations
  • Violations of the Family Medical Leave Act (FMLA)
  • Workplace retaliation
A Long History of Success

We have successfully represented employees in many different types of cases, through litigation, negotiation, and counseling. Our litigation experience spans state and federal courts, as well as administrative bodies, such as the Massachusetts Commission Against Discrimination (MCAD), the Equal Employment Opportunity Commission (EEOC), and the Massachusetts Civil Service Commission.

We have won substantial jury verdicts in Massachusetts state and federal courts, including nearly $11 million, $7.6 million, and $2.2 million jury verdicts in employment discrimination and retaliation cases. When a trial could be avoided, we have negotiated many six- and seven-figure settlements after filing lawsuits on behalf of our client prior to going to trial.

In addition to our litigation practice, we also review employment documents for executives (including contracts, non-compete agreements, and severance agreements) and negotiate with employers on behalf of our clients. While less public victories, these successes have helped clients negotiate higher salaries or better benefits, keep their jobs, improve their job conditions, or, where necessary, increase their severance packages when they leave a job.

A Higher Purpose

Advocating for individuals is only part of our mission. We also work to improve the law for all Massachusetts workers by submitting friend-of-the-court (amicus) briefs in state and federal appellate cases, leading panels and talks on novel employment law issues, and serving as officers of the Massachusetts Employment Lawyers Association, where they work with other plaintiffs’ attorneys to improve legal protections for employees.

Ready to Help You

If you have been terminated from your job in violation of your rights, have had your wages unlawfully withheld, or need advice or counseling on a severance agreement or other workplace matter, call an employment attorney at our Boston firm at 617-742-6020 or complete our contact form to get in touch with us.

Justia Lawyer Rating
Super Lawyers
Martindale-Hubbell - AV Preeminent - Peer Rated For Highest Level Of Professional Excellence 2020
Recognized by Best Lawyers
Best Lawyers - Best Law Firms
Client Reviews
I hired Mr. Duncan to deal with a very sensitive issue that my daughter had. Since the first contact, I had a very good impression of him. He transmitted confidence and appeared to know exactly what to do. I called and emailed him many times, he was polite and comprehensible with the anxiety of a father and appeared to know every step to solve the case. I strongly recommend Mr. Duncan. Flavio Lajoia
If you are reading this review, it means either you or a family member is in trouble and needs immediate legal counsel. Please know your search can end right now because Zalkind, Duncan & Bernstein is the law firm to hire. They are honest, responsive, compassionate and have the experience and expertise to bring... Client
I contacted Zalkind Duncan & Bernstein to assist with a Title IX case. From our initial conversation, Naomi Shatz had a strong understanding of Title IX policies and conducted each step of the process with professionalism, honesty and a responsiveness that did not disappoint. Ms. Shatz displayed confidence and just as important, compassion when needed. Client
I worked with Emma Quinn-Judge and Monica Shah. And from my first contact on the phone, on to my first meeting in their office and during the trial, I found them and the firm's entire team to be a group of consummate legal professionals who are very knowledgeable, patient, dedicated, fair, honest and caring... Chantal C.
I am forever grateful to all the staff at this firm, but in particular, Ms. Shah, Mr. Zalkind and Mr. Silverglate. They represented my son who was being sought for extradition to Scotland. The case took years to fight, covering new legal ground, setting precedence. But each one of these legal eagles went above and beyond the duty of office... Suzanne D.