Pierce Atwood has been Maine’s leader in health care labor and employment for many years.  We help health care and other clients manage the entire range of issues and risks associated with the employment relationship, such as protected class discrimination, harassment, whistleblower retaliation, failure to accommodate, leave management, wage-hour, defamation, confidentiality of patient and company information, hiring, drug testing, affirmative action plans, performance management, employee discipline and workforce reductions.  We work with clients to develop prevention strategies, including in-house employment law training for managers and updates on developments.  We defend claims in state and federal courts and in all administrative forums, including the Equal Employment Opportunity Commission, the Maine Human Rights Commission, the New Hampshire Commission for Human Rights, and the Massachusetts Commission Against Discrimination.

We advise a majority of the Maine hospitals that have collective bargaining units. We provide representation in contract negotiations, arbitrations, unit determinations and other Board proceedings, as well as regular advice and counsel on contract administration and compliance. At the same time, we have helped our non-union clients stay union-free. 

We also work with a broad range of non-hospital providers in the industry, including home health agencies, long-term care facilities, physician practices, laboratory services, research institutions and insurers.  We provide advice and representation to clients in connection with worker’s compensation laws and insurance, loss control, workplace safety and liability, compliance with OSHA requirements and administrative proceedings before the Maine Bureau of Insurance.

Our employee benefits team offers extensive expertise in the structure of executive compensation plans, and the design, implementation and termination of the broad range of employee welfare benefit plans.  Because of our experience, we can offer a unique and balanced perspective on the provision of affordable benefit packages that maintain employee morale while complying with a myriad of federal and state laws, including COBRA, ERISA, HIPAA, GINA, the ACA and anti-discrimination laws.

Representative Experience

We obtained a defense verdict for Genesis Healthcare in a whistleblower case in Maine state court, in which the plaintiff, a registered nurse, alleged that she was terminated because she complained about what she claimed was an inadequate orientation that put patients at risk.

Defense Verdict in Whistleblower Case