Marcie Vaughan, Employment Law Attorney

Marcie works with employers to implement best practices, policies and procedures aimed at fostering her clients’ ability to maximize employee potential and effectiveness.  A significant portion of her practice involves conducting independent workplace investigations into complaints of misconduct.  As an independent factfinder, she has responded to complaints ranging from discrimination and harassment based on protected categories, to bullying, to allegations of retaliation, fraud, mismanagement and misappropriation.  Marcie conducts investigations for private employers, nonprofit organizations, and municipalities of all sizes.  As necessary, she works with employers after an investigation to develop a plan for appropriate corrective, remedial and preventative measures.  She has also been involved in Title IX investigations for colleges and universities.

As an investigator, Marcie’s legal skills are complemented by her background in both nonprofit management and criminal law.  She developed expertise in governance and board leadership working at the Isabella Stewart Gardner Museum and the Appalachian Mountain Club, and earned an M.S. at Suffolk University’s Sawyer School of Management.  This background allows Marcie to communicate fluently with stakeholders at all levels and, significantly, to identify structural and management flaws which might otherwise lead to recurring workplace problems.

At the same time, as a former criminal defense and appellate lawyer, Marcie is well-versed in forensic analysis and works seamlessly with computer, financial, and other forensic experts.  She draws on her appellate skills to quickly synthesize issues, striking a balance between efficiency and thoroughness.  Marcie’s extensive appellate work began in law school when she participated in briefing the winning argument for defendant Fanfan in the watershed United States Supreme case, U.S. v. Booker / Fanfan, 125 S.Ct. 738 (2005).  She has briefed and argued dozens of cases in the Massachusetts Court of Appeals and Supreme Judicial Court.

A portion of Marcie’s practice is dedicated to providing counsel and advice to employers.  Her risk-management approach begins with a firm understanding of her client’s business needs including, for instance, the size and type of the workforce, the nature of the business, the existence of cultural barriers, and the complexity of the management structure.  She works with clients on EEO, ADA, FMLA and wage and hour compliance matters, as well as matters involving performance management, hiring and firing, workplace violence, leave laws, and diversity.  Much of the counseling work centers on issues surrounding harassment, discrimination, disability accommodation, and retaliation issues.

Preventing harassment, discrimination, bullying and other forms of misconduct from occurring in the first place is in every client’s best interest.  To that end, Marcie works closely with Julie Moore to develop and present harassment prevention training and other programs tailored to each individual client’s needs.  Marcie conducts in-house training for employers and also speaks at employment seminars offered by, among others, the New Hampshire Bar Association, the Greater Merrimack Valley Human Resources Association (a SHRM chapter), and the National Business Institute.

Recent speaking engagements include:

Employment Law Issues – NH Specific Practice Pointers”

December 14, 2017

New Hampshire Bar Association Practical Skills Course

Grappone Conference Center

Concord, NH

Employment Law Issues – NH Specific Practice Pointers”

June 7, 2017

New Hampshire Bar Association Practical Skills Course

Grappone Conference Center

Concord, NH

“Disciplining and Firing Employees”

“Discrimination and Harassment”

“Workplace Privacy and Employee Monitoring

December 6-7, 2017

Human Resource Law from A to Z

National Business Institute

Manchester, NH

“Dealing with Troubled/Troubling Employees”

“Drafting Must-Have Policies for Today’s Handbooks”

November 9, 2016

Employment Law: 2016 Comprehensive Guide

New Bedford, MA

“EEO and Handbooks”

“Advanced Employment Law” program

February 8, 2016

(Co-presented with Julie Moore)

National Business Institute

Manchester, NH

Workplace Investigations:  10 Common Mistakes”

September 10, 2015

Greater Merrimack Valley Human Resources Association

(Co-presented with Julie Moore)

Lawrence, MA

Marcie is also a frequent contributor to state, regional and national publications, including the Association of Workplace Investigators, the American Bar Association and the NHBA.  Marcie was a contributing author for the following recent publications:
“What the WPI Do We Know?  A Study on Egregious and Developing Case Law”
Association of Workplace Investigators 8th Annual Conference

October 5, 2017

http://c.ymcdn.com/sites/www.awi.org/resource/collection/FB3892AA-8108-4F89-994F-16933A5D51C6/AWI-Conference-Program-Materials-2017.pdf
“Performance Management and Investigating Misconduct”
New Hampshire Bar Association (“NHBA”) CLE Program “Employment Law Bootcamp – Basics from Hiring to Firing”
September 28, 2017

“Investigations into EEO Matters:  Best Practices and Legal Update”

NHBA’s CLE “Legal & Practical Tips for Conducting Good-Faith Investigations into EEO and Harassment Claims”

May 11, 2017 

“Mass. Verdict Highlights Importance of Workplace Instigations”

New Hampshire Bar News

April 19, 2017

“Preparing for the Non-Binary Workforce:  Gender Identity and the Developing Case Law”

NHBA’s 16th Annual Labor & Employment Update

April 7, 2017

“Discrimination and Harassment”

“Disciplining and Firing Employees”

National Business Institute

December 7, 2016

“Drafting Must-Have Policies for Today’s Handbooks”

“Dealing with the Troubled/Troubling Employee”

National Business Institute

November 9, 2016

 

“Labor & Employment Law: EEOC Publishes ‘Best Practices’ for Avoiding Retaliation Claims”

New Hampshire Bar News

April 20, 2016 

“Updates in EEO Law”

NHBA’s 15th Annual Labor & Employment Update

April 14, 2016

https://www.nhbar.org/publications/archives/display-news-issue.asp?id=8365

“2016 Report of the Workplace Investigations Subcommittee of the Employee Rights & Responsibilities Committee Section of the American Bar Association” (contributed First Circuit Case Summaries)

American Bar Association Section of Labor and Employment Law, 2016 Midwinter Meeting

March 16, 2016

“EEO and Handbooks”

National Business Institute “Advanced Employment Law”

February 8, 2016

Preventing Retaliation:  Strategies for the In-House Investigator or Advisor”

Association of Workplace Investigators 6th Annual Conference

October 23, 2015

“Updates in EEO Law:  Gender Identity, Investigations and Other Hot Issues”

New Hampshire Bar Association’s 14th Annual Labor & Employment Update

April 10, 2015 

“2014 Report of the Workplace Investigations Subcommittee of the Employee Rights & Responsibilities Committee Section of the American Bar Association” (contributed First Circuit Case Summaries)

American Bar Association Section of Labor and Employment Law, 2015 Midwinter Meeting

March 25, 2015

Marcie is a graduate of Bates College (BA, 1996); Suffolk University Sawyer School of Management (MS, 2001); and Suffolk University Law School (JD, 2006).  She is also a graduate of the 2015 Association of Workplace Investigators’ Institute and a member of AWI.  Marcie is licensed in state and federal court in Massachusetts and New Hampshire and has appeared before the EEOC, MCAD and HRC.

Marcie Vaughan Employment Law Attorney

Marcie Vaughan, Esquire,  joined EPG over five years ago and advises corporations, municipalities, and individuals on a broad spectrum of issues including employee discipline, leaves of absence, reasonable accommodations, policy development, and handbook implementation. As a seasoned appellate advocate and former judicial law clerk, Marcie understands how to persuasively articulate her client’s positions before administrative tribunals as well as in state and federal courts.

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