Blish & Cavanagh, LLP Blish & Cavanagh, LLP 2026-09-02T15:02:30Z https://www.blishcavlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1302700/2022/04/cropped-BlishCavanagh-site-icon-32x32.png On Behalf of Blish & Cavanagh, LLP <![CDATA[“Do-over” in probate court? A guide to De Novo appeals]]> https://www.blishcavlaw.com/?p=256167 2026-09-02T15:02:30Z 2026-09-02T15:02:30Z Starting fresh in Superior Court Rhode Island provides a unique opportunity for a true fresh start. When you appeal a case from a local probate court to a Superior Court, the law treats it as a "de novo" hearing. This Latin term simply means "from the beginning." In a typical appeal, a higher court only looks for mistakes in the first judge's paperwork. In a de novo appeal, however, the Superior Court judge hears your entire case again without being held back by the probate court’s findings. This distinction matters immensely for your business interests. If a local ruling threatens your factory, your office building or your family company, this "do-over" allows you to present your case with a better strategy and a fresh perspective.

When family drama meets business assets

Probate battles rarely involve only simple legal rules. Instead, you often have to deal with messy family relationships alongside complicated business math. For example, siblings might disagree on the actual value of a family-owned manufacturing plant. In other cases, heirs might argue over how to manage commercial real estate. Since it starts from scratch, you can introduce new evidence and witnesses that you did not use in the first hearing. This becomes especially helpful if you felt rushed during the first trial or if the local judge did not understand the details of your specific industry. Consequently, the Superior Court gives you the time and space to build a stronger case that reflects the true value of your business.

Why this matters for your industry

Different types of businesses face different risks during a legal fight. A de novo appeal protects your specific interests in several ways:
  • Property and factory owners: Under Rhode Island law, filing your appeal generally suspends the probate order automatically. This built-in pause prevents the court from immediately forcing you to sell your business or land while your appeal moves forward.
  • Banking and mortgage professionals: Rulings provide the clear legal answers you need to finish loans and property deals.
  • Institutional leaders: You gain more control over the legal process, which helps you protect the long-term interests of your organization.
Ultimately, these protections give you the breathing room to resolve disputes without destroying the stability of your company.

Your path forward starts now

Getting a second chance in a Rhode Island probate court is possible. However, you must follow strict rules to get your "do-over." Specifically, you have 20 days after the decision to file with the probate clerk. Then, within 30 days, you must submit the certified appeal record to the Superior Court. If you miss this short window, the door to appeal closes for good. Because the clock ticks so quickly, you should find the right legal counsel immediately after a bad ruling. While probate disputes challenge even the toughest business owners, the de novo process creates a clear path toward a fair outcome that protects everything you have built.]]> On Behalf of Blish & Cavanagh, LLP <![CDATA[Securing the team that built your business]]> https://www.blishcavlaw.com/?p=256152 2026-08-05T20:00:36Z 2026-08-05T20:00:36Z a successful handover. If retaining talent is a priority, consider the following approaches to keeping your valuable workforce intact.

Financial incentives that keep your team in place

Uncertainty is a primary driver of employee turnover during a leadership change. To counter this, many Rhode Island businesses use structured financial incentives to ensure continuity and reward loyalty during the transition. For instance:
  • Stay bonuses pay out after a specific period of service following the leadership change
  • Performance-based milestones may be tied to the successful integration of new ownership
  • Retention agreements can outline clear roles and compensation for the post-transition era
These tools transform abstract promises into concrete reasons for your top talent to remain committed to the company's future. Using milestone-based payouts helps align the interests of the employees with the long-term health of the business.

Legal tools for a stable transition

Beyond financial incentives, your existing contracts may require a refresh to reflect current Rhode Island law. Rhode Island law limits when noncompetition agreements are enforceable, so many businesses rely on narrower protections instead. For example, strong non-solicitation agreements and trade secret safeguards can help stop departing employees from taking your client list or proprietary methods to a competitor. Carefully drafted executive contracts can also set clear expectations, lowering the chance of litigation during a sensitive transition. Integrating these legal strategies into your broader business succession planning helps you build a more resilient company for the long term. By addressing the human elements of a transition early, you create a framework where the business remains stable and the internal culture stays intact while leadership changes hands. A clear strategy for your workforce ensures that the legacy you built continues to thrive under new management. Successful succession planning treats the retention of key personnel as a core asset, providing a solid foundation for the next chapter of the company.]]> On Behalf of Blish & Cavanagh, LLP <![CDATA[Strategic severance: Tips for ensuring a clean break]]> https://www.blishcavlaw.com/?p=256149 2026-07-13T16:17:07Z 2026-07-13T16:17:07Z Drafting enforceable releases Employers often use severance agreements during staff reductions or when a senior leader moves on. They are effective tools for defining a mutual, final end to the working relationship. To be enforceable, a severance agreement must be carefully drafted and comply with applicable state and federal law. Further, the employer will generally need to offer additional consideration. This means providing a benefit the worker is not already owed, such as an extra month of pay or extended health coverage. A thorough severance package addresses several specific areas to provide maximum protection:
  • Release of many state and federal legal claims
  • A clear deadline for the employee to consider the agreement (and any legally required time periods, if applicable)
  • Details on final wage payments and vacation time, which should align with Rhode Island wage laws and the employer’s written policies
  • Return of company property and digital files
These elements work together to create boundaries, preventing a standard exit from becoming a costly legal battle.

Adapting to new federal rules

It's also important for employers to stay abreast of developing rules for severance agreements. For instance, recent NLRB guidance has increased scrutiny of broad confidentiality and non-disparagement clauses in severance agreements for many non-supervisory employees. Employers should review templates to ensure they tailor these provisions appropriately. We will continue to follow developments, but Rhode Island employers would be wise to ensure they use current forms when drafting agreements. Older forms may not comply with current guidance. Letting employees go can be what's best for a business, but it is crucial that employers approach the process with caution. By properly drafting and enforcing severance agreements, employers can avoid being held back by past disputes. Taking the time to plan a professional exit provides the peace of mind needed to lead a business with confidence.]]> On Behalf of Blish & Cavanagh, LLP <![CDATA[Effects of defamation on Rhode Island businesses]]> https://www.blishcavlaw.com/?p=256147 2026-06-11T15:58:38Z 2026-06-11T15:58:38Z Defining defamation Defamation is a legal term for creating untrue assertions about a person or business that causes damage to their reputation. In Rhode Island, there are two main types of defamatory statements:
  • Libel: When the statement is published in a permanent or semi-permanent written or recorded form. Some examples of libel may appear in printed material like newspapers, digital mediums like emails or recorded videos on social media posts.
  • Slander: False spoken statements or other temporary forms of communication. Examples of slander may appear in face-to-face communication or live unscripted broadcasts.
The exact legal classification and type will depend on what words or accusations were used. If you believe you or your business is a victim of this crime, act quickly as Rhode Island has a strict one-year statute of limitations (from the date the other party published or spoke the defamatory statement). It is not “just words”, they are falsehoods with wide-reaching consequences.

How words can hurt even big businesses

Defamation is not just a matter of people hurling playground insults or making fun videos. You can lose your customer base’s trust, damage your business’ professional reputation and drive away potential customers or hires. A defamatory statement can mean financial loss—and much more. False statements may not directly impact your business financially, but it can alter the public’s perception of you. Some examples of how defamation can have long-lasting impacts:
  • The Social Media Rumor: Someone posts on social media about a false rumor of a local business owner scamming their customers with a fake product. Multiple buyers take their bought goods to stores and demand refunds in return, causing headaches for customer support.
  • The Misleading Review: A user writes a review of a restaurant on a food blog and claims that they ate spoiled food. Potential customers avoid the restaurant entirely and the business loses sales.
  • The Deceptive Rival: A rival contractor tells a client that a competing local business creates substandard projects, causing lost trust in the other business. The client rejects the competing business for the contract.
Victims are not entirely powerless. You can receive relief through recovering financial compensation, forcing a retraction and other legal remedies for your business.

Defending your business

It is in your best interest to immediately take action as soon as you identify defamation. The one-year statute of limitations in Rhode Island means you are working against the clock if you want to file a claim. You may lose contact with individuals or have crucial evidence deleted if you wait too long. Do not miss executing these key actions for your legal defense:
  • Document or record posts: Secure as much evidence of the harmful statements as you can. Some examples include audio posts acknowledging it, video timestamps of when the individual spoke the statements and photographs of the incident
  • Contact any witnesses: Gather statements from third parties who were there when the other party made the false statements.
  • Create a demand letter: Reach out to a legal professional for help in serving a formal letter to the person who made the false statement. You might be able to resolve the matter without a costly lawsuit
  • Initiate legal proceedings: File a civil lawsuit in the Rhode Island District Court for small claims of $5000 or less or at the Superior Court for larger damages.
Navigating defamation claims may sound tricky, but timely work and sound legal advice can help you build your case and preserve your business’ reputation.]]> On Behalf of Blish & Cavanagh, LLP <![CDATA[What happens when a trustee fails their fiduciary duty in Rhode Island]]> https://www.blishcavlaw.com/?p=256146 2026-05-12T04:51:11Z 2026-05-12T04:51:11Z Trustees hold significant legal power over assets that belong to others. When they misuse that power, Rhode Island law gives beneficiaries real tools to respond.

What a fiduciary duty means for trustees

A trustee owes beneficiaries a duty of loyalty, care and impartiality. These obligations require the trustee to act in the best interest of the trust at all times. R.I. Gen. Laws § 18-2-1 gives the Superior Court authority to appoint or remove a trustee who refuses to act or fails to perform their duties. The law treats this responsibility as a legal obligation, not a discretionary role.

Common ways a trustee may breach their duty

A breach can take many forms, and not all of them are obvious. Beneficiaries should watch for these warning signs:
  • Self-dealing: The trustee uses trust assets for personal benefit or sells trust property to themselves at below-market value
  • Mismanagement: The trustee fails to invest prudently or ignores claims that could benefit the trust
  • Failure to follow trust terms: The trustee withholds required distributions or ignores the grantor's instructions
  • Secrecy: The trustee does not provide accountings, transaction records or an asset inventory to beneficiaries
Any of these actions could expose the trustee to personal liability for losses the trust suffered.

Consequences a breaching trustee may face

Rhode Island courts can impose serious consequences on a trustee who violates their duty. The court may order the trustee to repay financial losses from their own assets. It can also reverse unauthorized decisions and compel the trustee to restore any profit they gained through misconduct. In cases of bad faith, the court may require the trustee to pay the beneficiary's legal costs. Removal from the role is also a possible outcome under state law.

Understanding your options as a beneficiary

Trust disputes in Rhode Island can be complex. An attorney can help you understand your options and determine whether a breach has occurred.]]> On Behalf of Blish & Cavanagh, LLP <![CDATA[The 7 most common triggers of employment law disputes — and how to prevent them]]> https://www.blishcavlaw.com/?p=256131 2026-04-15T20:48:38Z 2026-04-15T20:48:38Z disputes often begin long before any official legal action. A rushed email or missed payroll correction, a poor decision by a supervisor or informal handling of a leave request. These are just a few examples of actions that, if not addressed promptly, can escalate into a complex legal issue. The following will discuss these trigger points in more detail and provide actionable tips for employers and business leaders to mitigate the risk of escalation. 
  1. Discipline. Inconsistent discipline can fuel discrimination claims, wage disputes tied to missed timekeeping corrections and wrongful termination theories. 
  2. Terminations. Terminations are often the biggest risk as they can result in allegations of violations such as discrimination, retaliation, whistleblower and wage payment timing violations. 
  3. Pay issues. Overtime misclassification, off-the-clock work, rounding practices, missed meal breaks and incentive calculations drive collective actions. 
  4. Leave management. FMLA, state leave and paid sick leave laws overlap. It is important to tread carefully when handling intermittent leave, call-in rules and medical certifications. 
  5. Disability accommodations. Failure-to-accommodate claims arise from delay, rigid job descriptions or a refusal to engage in the interactive process. Medical privacy missteps can also pose a problem and may add separate liability.
  6. Harassment complaints. A weak response creates hostile work environment exposure. 
  7. Retaliation. Retaliation claims attach to almost any protected activity: complaints, leave, wage inquiries and safety concerns. Timing alone can create an inference of unlawful motive.
Knowing which violations are often the most common trigger points is the first step. Coming up with a plan to mitigate the risk of an issue, the second. 

Prevention checklist for managers and HR

The following can help to mitigate the risk of needing to deal with the aftermath of one of the triggers noted above: 
  • Use written standards, role-specific expectations, objective metrics  
  • Apply policies consistently across comparable employees  
  • Document facts, dates, witnesses, prior coaching, employee response  
  • Train supervisors on protected categories, protected activity, bias risk  
  • Audit pay practices, timekeeping, exemptions, incentive calculations  
  • Centralize leave decisions, track deadlines, confirm approvals in writing  
  • Run the accommodation interactive process, evaluate undue hardship, memorialize options  
  • Investigate complaints promptly, preserve evidence, issue written findings  
  • Separate complaint handling from performance decisions when possible  
  • Review adverse actions for retaliation risk, timing, comparators, stated reasons
This checklist works only with discipline. It is generally beneficial to require manager use and HR review for high-risk actions. Employment law disputes cluster around predictable moments: discipline, termination, pay, leave, accommodations, harassment and retaliation. Prevention is not achieved with a single memo. It requires consistent process, documented rationale, timely correction and legally compliant follow-through.]]> On Behalf of Blish & Cavanagh, LLP <![CDATA[What Rhode Island employer defenses work in Title VII lawsuits?]]> https://www.blishcavlaw.com/?p=256129 2026-03-13T09:42:46Z 2026-03-13T09:24:55Z Experiencing a potential workplace discrimination claim can leave uncertainty and cautiousness as an employer. In Rhode Island, disputes like these often involve federal protections under Title VII as well as state-level safeguards through the Rhode Island Fair Employment Practices Act (FEPA). Because state laws sometimes offer broader coverage than federal rules, understanding the types of defenses employers may raise can help you gain a clearer perspective on how these cases might unfold.

What counts as a legitimate business reason?

One frequent defense is showing a "legitimate, non-discriminatory reason" for an employment decision. Instead of focusing on race or sex, an employer might explain that a layoff or denied promotion was based on objective factors. These can include a drop in revenue, shifting department priorities or specific performance concerns documented over time. Presenting these reasons does not end a case, but it may shift the focus to whether the reason was genuine or a cover for bias.

How can non-discriminatory policies protect a company?

You may point to internal handbooks and written procedures to demonstrate consistent treatment. For instance, you follow a disciplinary policy or a standard point system for attendance and can demonstrate that they applied decisions fairly. Rhode Island courts often examine whether the company enforced such policies equally or singled out certain employees.

Why is comparative treatment important?

Highlighting "comparators" can also support an your position. If employees in similar roles received the same treatment regardless of race or gender, it may weaken a discrimination claim. Showing consistent handling of similarly situated employees often becomes a key part of the defense.

How do timing and documentation affect a case?

A detailed paper trail can influence how a case unfolds. Documented performance issues from months before a complaint may support your explanation, while actions taken immediately after a report could support the employee’s claim. Courts in Rhode Island often consider the total context of these interactions rather than isolated events.

What role does pretext play in the outcome?

Even when you offer a clear business reason, the case can turn on whether that reason is credible. Evidence of inconsistencies or changes in the employer’s story might suggest the reason is a pretext. In Rhode Island, evaluating whether the stated reason tells the full story is often critical to understanding the potential outcome.

Seeing the bigger picture

Laws like FEPA aim to balance your needs to manage a business with an employee’s right to fair treatment. Examining whether your company followed its policies, treated employees consistently and maintained accurate documentation can provide insight into how a claim might be viewed. Each situation is unique, so observing these factors may help you clarify the context of a workplace discrimination dispute.]]> On Behalf of Blish & Cavanagh, LLP <![CDATA[Are noncompete agreements enforceable in Rhode Island?]]> https://www.blishcavlaw.com/?p=256128 2026-02-11T08:43:35Z 2026-02-11T08:43:35Z If you use noncompete agreements to protect your business, you need to know what Rhode Island law allows. The state has not banned noncompetes but it does limit when you can enforce them.

What Rhode Island law allows and restricts

Rhode Island has not fully banned noncompete agreements. A proposed ban in 2024 did not become law. That means noncompetes are still allowed in many cases. According to the Rhode Island Noncompetition Agreement Act which took effect on January 15, 2020, you cannot enforce a noncompete against certain types of workers. Before asking an employee to sign one, you should confirm they are not in a protected group.
  • Low-wage employees: Workers earning 250% or less of the federal poverty level. For 2026, that is about $39,900.
  • Non-exempt employees: Workers who qualify for overtime under federal wage law.
  • Students: Undergraduate or graduate students in internships or short-term jobs while enrolled in school.
  • Minors: Employees age 18 or younger.
If an employee fits into one of these groups, a court will not enforce the noncompete. It does not matter if the agreement seems fair. The law also limits how long a noncompete can last. In most cases, it cannot extend beyond one year after the employee leaves. The geographic limit must match where your business actually operates. If the terms are too broad, a court may refuse to enforce them.

Using alternative restrictive covenants

Even if you cannot use a noncompete, you still have options. The law allows other types of agreements that protect your business interests. You may use:
  • Non-solicitation agreements: Prevent employees from taking your customers or staff.
  • Confidentiality agreements: Protect trade secrets and sensitive information.
  • Invention assignment agreements: Clarify that work created on the job belongs to the company.
These agreements are often easier to enforce and can still protect your business.

Reviewing your agreements with counsel

Noncompete enforcement in Rhode Island depends on employee classification, compensation level and contract language. Small drafting errors or outdated terms could undermine your position. Regularly reviewing your agreements under current employment law standards may reduce risk and improve enforceability. Consulting an attorney can help you assess compliance with the Rhode Island Noncompetition Agreement Act and determine whether your restrictive covenants reflect your operational needs.]]> On Behalf of Blish & Cavanagh, LLP <![CDATA[What to do if your business is a victim of online defamation]]> https://www.blishcavlaw.com/?p=256127 2026-01-06T14:19:03Z 2026-01-06T14:19:03Z What to do in the face of internet defamation in Rhode Island In Rhode Island, the court takes internet defamation just as seriously as it would with traditional libel and slander. The truth serves as a powerful defense against defamation – as long as you can prove it. Bear in mind that the truth in a statement is not a valid defense if it was made with malicious motives. To win an internet defamation case and defend your business, it is important to follow these steps:
  • Document the posts: Keep records, photographs and timestamps of the harmful posts.
  • Prove the truth: Challenge defamatory claims against your business by gathering evidence that proves otherwise, including witness testimonies, documents and official records.
  • Determine who is at fault: Take note of who made the post and why.
  • Assess the damage: Determine if your business has suffered actual damage in the form of financial losses or reputational harm.
  • Determine your next move: Depending on the damage, you can ignore the post or take action at the risk of drawing more attention to it.
Many business owners who decide to take legal action against someone who has made harmful and defamatory posts about them on the internet do so with guidance from an attorney. Consulting a legal professional makes it easier for you to learn what your options are and how you can proceed.

Taking legal action

Depending on the severity of the damage caused by the harmful posts, your attorney may write a cease and desist letter. Once sent, this urges the person who made the defamatory statement to remove it from the internet and prevent further damages. However, in more severe cases, such as when someone ignores a cease and desist letter, your lawyer may urge you to file a formal lawsuit and seek damages.]]> On Behalf of Blish & Cavanagh, LLP <![CDATA[How collective bargaining agreements create peaceful workplaces]]> https://www.blishcavlaw.com/?p=256114 2025-12-11T15:09:15Z 2025-12-11T15:09:15Z You arrive at work and feel tension in the air. Disagreements between management and staff have created an uncomfortable environment. But what if you could find common ground before disputes escalate? Collective bargaining offers exactly that opportunity. This process brings both sides to the table to create agreements that benefit everyone. Understanding how collective bargaining works can help you take the first step toward a more peaceful workplace.

What is collective bargaining?

Collective bargaining involves negotiations between employers and employee representatives to set employment terms. They discuss wages, benefits, hours and workplace conditions in an organized way. This teamwork approach encourages peace through cooperation. No one sets the rules alone. Instead, everyone works together to find solutions that meet everyone's needs. Both employers and employees benefit from this way of working.

How employers gain from this process

If you manage a business, collective bargaining offers valuable benefits that protect your interests and improve operations. Here are the key advantages you can expect:
  • Labor peace: Having clear complaint procedures and peace agreements can lower strikes and workplace disagreements.
  • Authorized partner: A union has one representative who speaks for all workers, making communication easier.
  • Increased productivity: Fair treatment improves employee morale, loyalty and performance.
These benefits create a more stable work environment for your business. Of course, employees also gain important protections through this process.

How employees can benefit too

Employees also get important benefits from collective bargaining agreements. If you're an employee, this process helps you speak up more effectively at work. Here are the main advantages you can expect:
  • Improved conditions: You gain consistent safety protocols, work schedules and break times.
  • Fair treatment: These agreements help prevent favoritism and keep rules fair at work.
  • Conflict resolution: Formal grievance procedures provide a clear method to sort out disagreements.
These protections work alongside employer benefits to create balance in the workplace. Together, both sides can build a healthier work environment.

Building better workplaces together

When employers and employees work together, everyone wins. But dealing with collective bargaining agreements can be tricky. If you're a business manager or an employee, you need help to understand it. This is where an employment law attorney can help protect your interests and explain your rights. They make sure any agreement benefits you. With their support, you can work towards a better workplace for everyone.]]>