Blish & Cavanagh, LLPBlish & Cavanagh, LLP2026-07-13T16:17:07Zhttps://www.blishcavlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1302700/2022/04/cropped-BlishCavanagh-site-icon-32x32.pngOn Behalf of Blish & Cavanagh, LLP<![CDATA[Strategic severance: Tips for ensuring a clean break]]>https://www.blishcavlaw.com/?p=2561492026-07-13T16:17:07Z2026-07-13T16:17:07ZDrafting 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=2561472026-06-11T15:58:38Z2026-06-11T15:58:38ZDefining 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=2561462026-05-12T04:51:11Z2026-05-12T04:51:11ZTrustees 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=2561312026-04-15T20:48:38Z2026-04-15T20:48:38Z 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.
Discipline. Inconsistent discipline can fuel discrimination claims, wage disputes tied to missed timekeeping corrections and wrongful termination theories.
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.
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.
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.
Harassment complaints. A weak response creates hostile work environment exposure.
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
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=2561292026-03-13T09:42:46Z2026-03-13T09:24:55ZExperiencing 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=2561282026-02-11T08:43:35Z2026-02-11T08:43:35ZIf 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=2561272026-01-06T14:19:03Z2026-01-06T14:19:03ZWhat 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=2561142025-12-11T15:09:15Z2025-12-11T15:09:15ZYou 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.]]>On Behalf of Blish & Cavanagh, LLP<![CDATA[Understanding Rhode Island’s deceptive trade practices laws]]>https://www.blishcavlaw.com/?p=2561132025-11-15T14:14:28Z2025-11-15T14:14:28ZWhat is in Rhode Island’s list of prohibited acts?
Under the state’s DTP laws, there are 19 prohibited business practices that are considered as “unfair or deceptive.” Eight of those include:
Advertising your goods with no intent to sell them as such.
Selling your goods as “new” or “original” when they are old or second-hand.
Labeling your goods with deceptive geography origins.
Labeling your goods with a false list of ingredients, materials or quantities.
Claiming that your goods are made of a particular quality or grade when they are not.
Claiming that your goods have “uses” or “benefits” that they do not carry.
Failing to include the brand name and/or manufacturer in your product advertisements.
Misleading your consumers with deceptive price reduction labels.
By learning about Rhode Island’s list of illegal business trade acts, you can practice safety checks within your operations and incorporate measures that can help safeguard your business from potential damages.
What can happen if my business fails to comply?
In this case, the Attorney General may serve your business with an “investigative demand” that indicates the details of the alleged violation, as well as the statute and section where this specific prohibited act was written under.
Depending on the complaint filed by your consumer/s, your order may be a temporary injunction, a permanent injunction or a restitution. Keep in mind that violating the terms of an injunction can lead to serious legal consequences.
Your business deserves to thrive
By regularly checking your business operations, you can recognize any known deceptive trade act and work on a plan that can resolve the issue in a prompt manner.]]>On Behalf of Blish & Cavanagh, LLP<![CDATA[How to handle a biased executor favoring some beneficiaries?]]>https://www.blishcavlaw.com/?p=2560832025-10-02T09:57:12Z2025-10-02T09:57:12ZNo favorites allowed
Every person named in a will has specific rights that the executor must respect. These rights include receiving timely information about the estate, a fair distribution of assets and access to estate documents.
Rhode Island law requires executors to follow the will's instructions exactly and bars them from making personal decisions about who deserves what. When an executor shows favoritism, they violate their legal duty and can face serious consequences.
Signs of executor bias
Watch for these potential indicators of unfair treatment:
Giving more detailed information to certain family members
Delaying distributions to some beneficiaries but not others
Selling estate assets to favored relatives at below-market prices
Refusing to answer questions from specific beneficiaries
Making decisions without proper notice to all parties
Spending estate money on legal fees to oppose legitimate claims
These behaviors violate Rhode Island probate law. No executor has the right to treat beneficiaries differently based on personal relationships.
Legal options for fighting back
Rhode Island law provides several remedies for beneficiaries facing executor favoritism, including:
Petition for executor removal: You can ask the probate court to remove a biased executor and appoint a neutral one.
Demand a full accounting: The court can order the executor to provide a complete record of all estate transactions to reveal any preferential treatment or financial wrongdoing.
Sue the executor personally: You have the right to sue the executor personally for damages caused by their favoritism. You may be able to recover losses that result from a breach of fiduciary duty.
Freeze estate assets: In cases of serious misconduct, the court can freeze estate assets to prevent further harm.
These legal actions can help you assert your claims and ensure your voice is heard.
Time limits apply to these options, so a prompt response is essential.
Seeking professional guidance
When an executor appears to favor one beneficiary over another, clarity and process are your best equalizers. Gather records, ask precise questions and keep communication civil. If those steps do not restore balance, the next moves benefit from experienced legal counsel to protect your rights without inflaming family ties.]]>