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Services
 Unlike most every other law firm, the Law Office of Brian E. Simoneau focuses exclusively on the legal aspects of Massachusetts public safety employment relationship. Because of the unique nature of public safety employment, police officers, firefighters, corrections officers, and the agencies which employ them, are best served by a law firm that focuses exclusively on their specific needs and issues. This is not a general practice firm, but one that concentrates solely on the unique aspects of the employment relationship between Massachusetts public safety employees and the police, fire, sheriff’s, and corrections departments which employ them.
Services we provide:
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Employment Law
There are a wide variety of both federal and state laws which affect the employee-employer relationship. Examples of these often complex laws include the Fair Labor Standards Act (FLSA), Family Medical Leave Act (FMLA), Massachusetts Maternity Leave Act (MMLA), Uniformed Services Employment & Reemployment Rights Act (USERRA) as well as anti-discrimination and fair wage & hour laws. Attorney Simoneau routinely handles matters involving these laws, which are an important source of employee rights.
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Civil Service
Candidates for civil service positions invest a considerable amount of time, energy, and often money, to score well on the civil service examination. However, as frustrated candidates often discover, topping the civil service list does not automatically guarantee employment. Similarly, scoring well on a civil service promotional examination does not guarantee a promotion. Appointing authorities are allowed to bypass higher scoring candidates, provided that the bypass reasons are sufficient and the candidate is treated fairly. Candidates have the legal right to appeal a bypass to the Civil Service Commission.
Frequently appearing before the Civil Service Commission, Attorney Simoneau routinely handles civil service appeals and bypass cases for candidates and appointing authorities. Examples of civil service appeals include original appointment bypass appeals, promotional appointment bypass appeals, and disciplinary cases. Attorney Simoneau also handles legal issues related to the Human Resources Division (HRD), an agency closely related to the Civil Service Commission. Human Resources Division appeals usually involve the grading of civil service exams, civil service eligibility requirements, training and experience credit, and the physical agility test (PAT).
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Collective Bargaining
The Law Office of Brian E. Simoneau handles all aspects of the collective bargaining relationship from bargaining unit formation and certification to contract drafting, negotiation, mediation, arbitration, and administration. This representation not only includes negotiating the best possible agreement but also the important and on-going task of enforcing the agreement and preserving rights through mediation, arbitration and, when necessary, the filing of prohibited practice charges with the
Massachusetts
Division of Labor Relations, which was formerly known as the
Labor Relations
Commission.
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Training, Education, & Consultation
Attorney Simoneau routinely educates and consults with Massachusetts police agencies, officials, and employees in such areas as labor and employment law, contract interpretation, internal investigations, discrimination, employee rights, contract negotiations, civil service law and procedure, selection and hiring practices, and the procedures of the Massachusetts Human Resources Division.
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