Pierce Atwood's Employment Group has been Maine's leader in healthcare labor and employment for many years. We serve as outside counsel to many of Maine's hospitals, including the majority of those with collective bargaining units.

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 all administrative forums and in state and federal courts, including the Maine and New Hampshire Human Rights Commissions, the Massachusetts Commission Against Discrimination, and the EEOC.

For hospitals with unions, 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.

Representative Experience

In Beth Carnicella v. Mercy Hospital, we obtained summary judgment for our client, Mercy Hospital, in connection with a lawsuit filed by a former employee who alleged that Mercy failed to provide her with reasonable accommodation. The plaintiff appealed the trial court’s ruling in our client’s favor to the Law Court, which affirmed, concluding a jury could not find Mercy liable for disability discrimination.

Summary Judgment for Mercy Hospital