P.O. Box 590438 * Newton, Massachusetts 02459
617-969-1688/800-370-1044
rlhern@employmentrights.com

Employment Rights


For almost 30 years I have fought as an attorney on behalf of employees whose rights were violated. The bulk of my practice has involved various forms of discrimination and violations of civil rights, many hours in court before judges and juries, many hours of preparation lots and lots of time in litigation. I have won cases, I have lost cases, I have settled cases. I learned more from the cases I lost than from the cases I won. I have learned that there is a law of the workplace based on the principle that no one may be asked to tolerate a workplace in which she or he is not respected as an individual. I have learned the tremendous cost of the civil justice system to employees, the manner in which employers are able to force them to relive the stressful humiliation which is part of the illegal discrimination their complaint is supposed to be addressing.

Employers: 

I have seen you pay huge sums to lawyers and other legal expenses to address problems which could have been corrected at so much lower a cost to all concerned. Is that competent management?

I am awestruck at the amount of money employers will throw against employees on issues that could have been nipped in the bud so much earlier and at so much lower a cost. Is that a management issue?

So much money to defend such simple claims. The legal minds of the greatest law firms in Boston have cross examined my clients and played games with their emotions, wearing them down at many hundreds of dollars an hour, for what? After he lost summary judgment, a big firm lawyer recently offered my client what he bills out in a couple of days, to a client who was out on stress for months because of the retaliation she suffered for having complained of race-based discrimination. Years of my client's life for a couple of his days. There's a deal. Our civil justice dollars at work. For five per cent of the legal bills, the employer could have prevented discrimination and enhanced productivity. Is this sound business reasoning?

If our goal is functional workplaces, free from discrimination, the most effective and cost-effective solution is not litigation. Why not have a discrimination prevention plan which codifies the employer's expectations of workplace behavior in a manner and form which are accessible to each employee. Why not help employees understand the employer's committment to a workplace free of discrimination? Through Onthejobsolutions.com I propose to assist a few good employers have discrimination-free workplaces at a reasonable cost.

Employees:

If you have been subjected to mistreatment by your employer or supervisor because you tried to prevent illegal conduct or for a similar improper reason, you may wish to discuss with me whether your situation gives rise to reasonably accessible legal redress. Please do not contact me about simple "discrimination" of a kind not based on a protected category or based on a general feeling of having been subjected to discrimination. I respectfully urge you to find another lawyer, perhaps through a local referral service or one of the public agencies listed below. I mean you no disrespect, I know that every day many people suffer great injustice without the means to do anything about it. I am distraught that history has driven large groups of people far from their homes, forcing them to live on the economic fringes of the United States, without meaningful access to the benefits of the legal system, which always seems to work best for those who can afford it. I wish that I could do more.

Lo siento, pero no puedo acceptar nuevos clientes ahora. Hay organization de abogados hispanos en Massachusetts y national, que, espero, podran le ayudar.

Je m'excuse, mais je ne puis accepter de nouveaux clients. Je ne connais pas d'organizations d'avocats francophones, mais il y a a Boston une Bibliotheque Francaise et http://www.bostonfr.com. Peut-être pourraient-ils vous aider. Belges, il y a aussi BASNE.

Because I am only one person, in order to help as much and as many as I am able to, I limit my practice to five or fewer cases at any one time, and I accept no cases on a contingent fee basis. My minimum hourly fee is $300.00. I will at this time consider only cases involving viable claims of genetic discrimination. If you believe that you have been subjected to genetic discrimination in employment and wish to retain my legal counsel, please describe your situation to me in a confidential e-mail.

I may be able to help you find a lawyer, but please understand that I often find myself inundated by requests for such assitance, and I must regrettably charge you no less than $500.00 for such assistance.

I am available also as a "coach" for your lawyer in the development of a successful litigation strategy.

Please do not hesitate to contact an employment attorney; ATLA, NELA or the National Lawyers Guild may be able to give you some good leads.

It is difficult to make an intelligent decision without knowing your rights. Don't make a decision until you are confident you understand your rights.

Lawyers:

Please do the right thing. If I can be of assistance, please give me a call.

Bloggers:


Please check out and comment on my newly-launched Employment Rights Blog.


About Fees and Costs
What to Look For in a Lawyer
How to Find a Lawyer (NOW Legal Defense and Education Fund)
La seleccion de un abogado/a
Employment Law in the News Federal Laws Prohibiting Job Discrimination: Questions And Answers
EEOC Home Page
Charge Filing Procedures for the Boston Area EEOC Office Damages in Massachusetts Employment Discrimination Cases
Massachusetts Commission Against Discrimination
Chapter 151B- Massachusetts Anti-Discrimination Laws in PDF Format
Protected Categories Under Massachusetts Anti-Discrimination Laws
Sample EEO Policy
New England State Prohibitions Against Discrimination in Employment
An  Overview of Employment Discrimination Law in Massachusetts (pdf format)
EmploymentRights.ie. Ireland's One-Stop Website for Employment Rights Information
Employment Discrimination, Article by Wex (Cornell University Law School)
Legal Resource Kit: Sex Discrimination and Sexual Harassment in Employment (Legal Momentum)
Human Rights
Home Page of the Law Offices of Robert LeRoux Hernandez at Civiljustice.com
Last modified 20060627 1212