Restaurant Manager Prevails (again*)

Justin Murphy is pleased with a recent decision by the Massachusetts Department of Unemployment Assistance (“DUA”) affirming unemployment benefits for his client, a former restaurant manager of a major Boston-based seafood restaurant chain.

Mr. Murphy represented the manager at two separate unemployment hearings because the unemployment office lost the evidence from the first hearing. Thus, Mr. Murphy’s client was required to appear at a second de novo hearing despite prevailing at the first hearing. This was extremely frustrating to say the least.

At the first hearing, Mr. Murphy successfully established that his client did nothing wrong despite the employer’s allegations that the client violated company policy by serving alcohol to an intoxicated guest. The client prevailed at the first hearing because the employer failed to prove the manager was actually aware that the guest was intoxicated.

*At the second de novo hearing, the employer brought its lawyer and an additional witness, a bartender who worked on the evening at issue. Again, the employer argued the manager violated company policy by allowing a customer to be served after being shut-off by one of the bartenders. The bartender testified the manager served an intoxicated guest after being shut off. Mr. Murphy then cross-examined the bartender who admitted he was paid to testify at the hearing. Mr. Murphy then questioned the bartender about the time-line of events. The bartender’s answers were inconsistent, and ultimately the unemployment hearing examiner determined that the bartender was not credible. Further, the hearing examiner determined that the employer’s evidence simply could not prove the bar manager did anything wrong.

Accordingly, the bartender prevailed again and is now receiving unemployment benefits.

Mr. Murphy understands that from a business point of view the employer in this case believed it was necessary to contest the bar manager’s eligibility for unemployment benefits; but, unfortunately, the employer failed to understand the purpose of unemployment law: to assist individuals who lost their job through no fault of their own.

Thus, the unemployment law contains strict requirements and employers (and their agents) should be well-advised to understand the law before wasting time and resources contesting claims.

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Our Testimonial

Justin M. Murphy represented my case and I must say I was quite satisfied that I hired him. When I started looking for a lawyer back in 2013, I went based of lawyers reviews. Justin M. Murphy had quite the resume when it came to reviews, so I contacted him. Although, it took nearly 10 years to resolve my case(No fault of Justin M. Murphy's) I was very satisfied with the outcome. I HIGHLY RECOMMEND him.

Duane

Justin helped us reach a speedy and satisfactory resolution to a dispute with our landlord. He wrote a demand letter, advised us on negotiations, and wrote a settlement agreement. He demonstrated a strong knowledge of Massachusetts tenant rights. We appreciated his prompt and warm communications. I would gladly hire Justin again.

Henry

I called for a consultation on an issue I'd researched myself and found pieces of a puzzle to but I didn't understand how it all went together. Justin was helpful on the phone but even more helpful once we hung up. He looked in to a few things and within minutes, honestly, called me back with more information. It was so clear and to the point that it left my with very little questions, basically, just do I move forward or not. I couldn't have asked for better clarity to help me lay out my options and I really appreciated that.

Lorissa

Justin M. Murphy responded to my inquiry in a very timely manner. After a brief phone consultation, he provided me with in-depth information and recommendations on how to proceed with my case. He was to the point and matter-of-fact in way that was easy to comprehend and realistic.

Shannon

Consulted with Justin over pandemic benefits challenges and he was able to direct me after dissecting the foreign lingo used by the government. Very passionate, honest, and professional, hard to come across these days, remain blessed, thank you…

Al

I recently consulted with Justin regarding a legal issue with my landlord. Justin provided expert advice that assisted me in effectively dealing with my landlord, and getting me the money I was owed! Justin is a kind and knowledgeable lawyer, and he delivers results. He provides all angles of the situation, and recommends the best course of action. I would have been helpless without his advice. I am sincerely grateful to him.

Christine F.

Justin is a consummate professional and I had an excellent experience working with him. He answered all my questions related to my unemployment claim and explained every step of the process. He broke down every legal term so that I would understand what we were doing. Every time a difficult arose, Justin knew how to deal with it. He is smart, realistic, efficient, pleasant and very experienced; All the qualities that you want in an attorney who is helping you.

Luis

Justin was very helpful and responsive. He took the time to speak with me regarding an urgent matter early on weekend so that I could feel confident taking next steps with regard to my matter. He was very knowledgable and well spoken. Justin was a recommendation from a friend and I feel comfortable referring him to any of my friends or family who might have need of an employment attorney.

Chelsea

I was absolutely pleased with the counseling I received from Justin. He thoroughly reviewed all of the documentation I sent to him. He informed me of my legal rights, provided advice on the correct verbiage to use in my response, and more importantly all of his advice was included in the free consultation.

I am typically not fond of lawyers, however, Justin listened to me when I spoke and never once cut me off. I am happy and pleased to know attorneys like Justin exist in today's society.

Melissa

Mr Murphy is beyond description as a caring and a deal breaker attorney. He took my case without focusing on his fees at all. He listened to case and suggested and followed through everything he said he would do. I can recommend to whoerver who will like to have his name cleared and get the representation he or she deserved. Class act Mr Murphy and God bless all your hearth

Mamadi Keita

I had been sexually harassed and bullied by manager for a big company. I followed protocol to report the harassment but was faced with bullying from upper management and felt corned. I internalized all the stress which turned into anxiety, PTSD and much more mental issues for me to deal with. When the company decided not to discipline or remove the manger from my work environment but promote him I decided to look for an attorney. I called several attorneys but never got a response. I stumbled onto some positive reviews for Justin M. Murphy and decided to reach out. He immediately contacted me back that same afternoon and consulted with me via phone. He saw that my situation required immediate action and offered to take on the case. The very next day the coperation i work for received a letter of representation from him. Within 2 days, the manger was removed and they reopened investigation. Justin M. Murphy was swift, honest and consistent with what he said he would do. He laid out many options for me and allowed me to decide how I wanted to proceed with suing the company. He worked swiftly to get me a paid leave of absence and was then able to get the company to settle with me outside of court for a dollar amount close to what I initially proposed. It was a huge plus that the company paid my legal fees as he promised. I was very happy with the outcome. He was supportive, attentive and seemed like he currently genuinely cared about getting me justice. This process was mentally exhausting but he took a load off once he stepped in which allowed me to focus on my recovery. I would recommend him to anyone who is seeking justice from an employer who did them wrong.

Nadyne

I cant thank you enough for getting my family justice against my landlord. I tried to pay Justin M. Murphy more because he only charged me a few hundred dollars because I do not make a lot of money. He did not take the money. After nearly a year of fighting for me and my wife who has cancer and son Justin M. Murphy got my landlord to pay me over one years rent in E. Boston. He also took care of a personal injury claim because the ceiling fell on top of me, getting me more money. Im an immigrant from Ecuador and I cant thank you enough for helping my family.

Jaime Flores

I was referred to Mr. Murphy by a mutual colleague when I found myself on the receiving end of a wrongful termination. Mr. Murphy was honest, capable, knowledgeable and empathetic - everything anyone would need in a stressful situation, especially one where he/she is not sure what their rights are according to the law. He was very patient and took the time to explain the finer points of my case and he accurately presented my options and the odds of our success in pursuing litigation. He was right at every turn, and even when I was not pleased with certain aspects, he was forthcoming and pleasant. I truly cannot recommend Justin Murphy more emphatically or more enthusiastically. He's not only an excellent attorney, he's an exceptional human being and I trust him and his judgment without reservation. I'm forever in his debt.

Davita

"Guided me through the process and provided me with details as they came in. Willing to fight for me on whatever decision I made. Also very fair and down to earth. Highly recommended!"

Anonymous

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