Client Profile/Testimonial No. 5

Client Testimonial – Confidential No. 2012-030

Client identity and certain details are confidential either for privacy considerations or contractual obligations pursuant to a settlement agreement.

Testimonial

Client Matter: Unpaid wages; denial of unemployment benefits; misclassification as “independent contractor”.

Eileen toiled for years transcribing audio tapes for a mid-sized corporation providing stenography and transcription services throughout the Northeast. She worked up to 70 hours per week for over five years, never receiving any overtime pay or health insurance, until being summarily terminated without cause. Her employer then attempted to block her receipt of unemployment benefits, on the basis that she was not an “employee” but rather an “independent contractor”.

After speaking with Eileen several times, and evaluating the documents she retained from her employer, The Brown Law Firm was convinced that Eileen had been improperly classified as an independent contractor and denied a substantial amount of overtime pay under the Massachusetts Wage Act as well as other benefits she should have received as an employee. Attorney Brown and Attorney Avery have since filed a successful appeal before the Division of Unemployment Assistance, challenging the denial of Eileen’s unemployment benefits, and have initiated and litigated a Superior Court action to recover damages for Eileen’s improper classification.

The Brown Law Firm’s representation has included multiple client interviews with Eileen, drafting and filing memoranda at the Division of Unemployment Assistance pertaining to the three-prong test for properly classifying (or misclassifying) a person as an independent contractor, conducting direct and cross examinations before the DUA, filing a complaint in Massachusetts Superior Court, conducting discovery on Eileen’s case, and taking depositions.

“Graeme is very calm, cool and collected,” Eileen said. “He knows exactly what he is doing and always says the right thing at the right moment, whether it be to myself or the opposing party.” “He is very well-versed in what he does, and goes step-by-step in a very methodical way,” said Eileen. “He makes you feel comfortable and provides a personal feeling that doesn’t exist in a typical client-attorney relationship. I would highly recommend the Brown Law Firm.”