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JAMES S. WELIKY, ESQ.
MESSING, RUDAVSKY & WELIKY, P.C.
50 CONGRESS STREET, SUITE 1000
BOSTON, MA 02109
(617) 742-0004
Email:
jweliky@mrwemploymentlaw.com
EDUCATION
NORTHEASTERN UNIVERSITY SCHOOL OF LAW
Juris Doctor, 1995
OBERLIN COLLEGE
B.A. in Government, 1984. National Merit Scholar
PROFESSIONAL EMPLOYMENT
Messing, Rudavsky & Weliky, P.C. 1
August 1995 - Present
Partner since March 2001 in Massachusetts law firm founded in 1988, associate from 1995 to March 2001. Practice focuses on labor and employment law, including discrimination, representing employees.
BAR ADMISSIONS
Massachusetts: 1995
Federal District Court, District of Massachusetts: 1998
United States Court of Appeals for the First Circuit: 2000
PROFESSIONAL ACTIVITIES
EEOC Liaison, Boston Bar Association Labor and Employment Committee, 2005 - 2006
Chair, Massachusetts Bar Association Labor and Employment Section Council, 2002 - 2003
Vice-Chair, Massachusetts Bar Association Labor and Employment Section Council, 2001 - 2002
Member, Massachusetts Bar Association Labor and Employment Section Council, 2001 to 2004
Chair, Massachusetts Bar Association Employee Rights and Responsibilities Practice Group, 2000 - 2001
Co-Vice Chair, Massachusetts Bar Association Employee Rights and Responsibilities Practice Group, 1999 - 2000
Member, Massachusetts Bar Association Employee Rights and Responsibilities Practice Group, 1995 - Present
Chair, Amicus Committee, Executive Committee member, Massachusetts Employment Lawyers Association, 2000 to 2006
PUBLICATIONS/ARTICLES
"Update of Gender Discrimination Cases" (March 2006), in MCLE Hot Topics in Employment Discrimination Law" (March 2006)
"Top Ten (or Fourteen) Indicators of Illegal Motive - A Plaintiff's Perspective (January 2006)
"Silence Like a Cancer Grows" or "You Talk Too Much"? Ethical and Strategic Issues in Communications by Plaintiff's Counsel with Putative Class Members," with Messing, E.J. and Cunningham, J., in National Employment Lawyers Association, Impact Litigation Conference Manual, 2005
"You Do The Math: The Art of Calculating Settlement Demands," with Messing, E.J., in National Employment Lawyers Association, Annual Convention Manual, 2005
"Contacting Employees of an Adverse Corporate Party: A Plaintiff's Attorney's View (2003 Update)," with Messing, E.J., in American Bar Association, The Labor Lawyer, Vol. 3, 2004
"An Update of Age and Disability Discrimination Cases," (2004 Update) 2004
"Contacting Employees of an Adverse Corporate Party: A Plaintiff's Attorney's View," with Messing, E.J., 2003
"Gender Discrimination," with Musiker, J.A. and Rudavsky, D.C., in Massachusetts Employment Law, Massachusetts Continuing Legal Education, 2003
"Representing Federal Employees in Discrimination Cases: An Overview," 2003
"An Update of Age and Disability Discrimination Cases," (2003 Update) 2003
"Drafting Severance Documents," with Messing, E.J., in Koffel, W.B. Drafting Employment Documents in Massachusetts, Massachusetts Continuing Legal Education, 2002
"Your First Plaintiff's Employment Case: Spotting the Issues," with Messing, E.J., 2002
"Drafting Settlement Documents: A Plaintiff's Attorney's Perspective," with Messing, E.J., in Leibowitz, A.G., Drafting Employment Documents in Massachusetts, Massachusetts Continuing Legal Education, 2001
"The Ethical Constraints on Talking to Current Employees of a Corporate Opposing Party," with Messing, E.J. in Spriggs, K., Representing Plaintiffs in Title VII Actions, Aspen Publishers, 2001
"The Relationship Between The Americans With Disabilities Act, Massachusetts Handicap Discrimination Law, and Massachusetts Workers' Compensation Law," with Messing, E.J.., in Massachusetts Continuing Legal Education, Workers' Compensation Practice in Massachusetts, 2001
"Summary of Possible Employment Claims Under Massachusetts and Federal Law," with Messing, E.J., in Representing Indigent Plaintiffs in Federal Court, Massachusetts Continuing Legal Education, 2000
"Ten Practice Tips for Complainants' Attorneys at the MCAD," 2000
"Disclosure of Psychological Records and Mental Exams: A Plaintiff's Perspective," with Messing, E.J. and Rudavsky, D.C., 1999; 1997
"Rule 11 Sanctions: Recent Cases," with Messing, E.J. in National Employment Lawyers Association, Annual Convention Materials, 1999
"Summary of Possible Employment Claims Under Massachusetts and Federal Law," with Messing, E.J., in Employment Law in Massachusetts, Human Resources Institute, 1999
"Mandatory Arbitration: A Step Backwards," with Messing, E.J. and Mantell, R.S. in Massachusetts Lawyers Weekly, 1998
"When Success is Not Enough: Why Courts Cut Prevailing Plaintiff's Attorneys Fees and Why They're Wrong," with Messing, E.J. in ABA Newsletter, 1998
"Disclosure of Psychological Records and Mental Examinations: A Plaintiff's Perspective," with Rudavsky, D.C. and Messing, E.J., in National Employment Lawyers Association, New England Regional Conference Materials, 1996
"The Gender-Based Hostile Environment: when Non- 'Sexual' Harassment Is Still Illegal Harassment," with Messing, E.J., in Massachusetts Continuing Legal Education, Bringing and Defending Sexual Harassment Cases, 1996
"Protecting Victims' Interests During Investigation of Sexual Harassment Complaints," with Messing, E.J., in Massachusetts Continuing Legal Education, Bringing and Defending Sexual Harassment Cases, 1996
"Reasonable Accommodations For Persons With 'Hidden' Disabilities," with Messing, E.J., Suffolk University Law School, The Impaired/Disabled Professional, 1996
"The Relationship Between The Americans With Disabilities Act, Massachusetts Handicap Discrimination Law, and Massachusetts Workers' Compensation Law," with Messing, E.J.., in Massachusetts Continuing Legal Education, ADA, FMLA and Worker's Compensation, 1996
"Same Sex Sexual Harassment," with Messing, E.J., in Massachusetts Continuing Legal Education, Bringing and Defending Sexual Harassment Cases, 1996
INVITED PRESENTATIONS - (sample)
American Bar Association
Section of Labor and Employment Law Student Outreach Program, Boston College Law School (April 2004)
Employment Skills Training Program: "Interaction Between the Americans with Disabilities Act, Workers' Compensation and the Family and Medical Leave Act" (November 2003)
Massachusetts Bar Association
Annual Conference on Labor and Employment: "Back to Basics in a Virtual World" (May 2003)
Brown Bag Lunch Presentation on the Status of Rule 4.2 (April 2003)
Continuing Legal Education Seminar: "Minimizing Risk in Employee Hiring" (May 2002)
Brown Bag Lunch Presentation regarding Lipchitz v. Raytheon (October 2001)
Continuing Legal Education Seminar: "Public Accommodations Law Basics" (December 2000)
Continuing Legal Education Seminar: "Managing Risks in Employee Hiring" (May 2002)
Continuing Legal Education Seminar: "State and Federal Wage Statutes: What Every Employment Lawyer Should Know" (March 2000)
Continuing Legal Education Seminar: "MCAD Investigations under the New Rules" (June 1999)
Brown Bag Lunch Presentation: "The Overlap Between NLRA and Anti-Discrimination Law" (December 1996)
Massachusetts Continuing Legal Education
"Negotiating and Drafting Employment Agreements" (January 2007)
"Employment Law for Business Lawyers and In-House Counsel" (January 2007)
"Hot Topics in Employment Discrimination Law" (March 2006)
"Employment Discrimination Update 2004" (August 2004)
"Employment Discrimination Update 2003" (August 2003)
"Handling Sexual Harassment Claims" (April 2003)
"Presenting Your First (or Next) MCAD Case" (August 2002)
Difficult Issues Handling Temporary Employees: "Do's and Don'ts of Handling Temporary Employees: What You Say or Do Can Harm You" (August 2002)
"Presenting Your First MCAD Case: Counsel's Role in the Commission's Investigation of the Complaint" (July 2000)
National Employment Lawyers Association
New England Regional Conference: "Representing Federal Employees" (April 1999; April 2003)
Metrowest Center for Continuing Education
"Do's and Don'ts of Handling Temporary Employees: What You Say or Do Can Harm You" (May 1997)
Amicus Briefs
"Amicus Brief of the Massachusetts Employment Lawyers' Association," Manual Cachopa v. Town of Stoughton, et al., Commonwealth of Massachusetts Appeals Court, Docket No. 2006-J-0077 (March 2006)
"Brief of Amicus Curiae in Support of Plaintiff - Appellee Hiram Clifton," Massachusetts Bay Transportation Authority v. Hiram Clifton, with Campagna, M. and Finn-Denver, T., Commonwealth of Massachusetts Appeals Court, Docket No. 2002-P-781 (September 2002)
MISCELLANEOUS
Selected as Massachusetts Super Lawyer, 2006, by Boston Magazine,
Selected as Rising Star, 2005 by Boston Magazine and Massachusetts Super Lawyers - Rising Stars Edition
Selected as "Up and Coming" attorneys by Massachusetts Lawyers' Weekly, August 2001
Martindale-Hubbell - AV rating
1 The firm was called Messing & Rudavsky, P.C. until October 2001. |