Timothy P. Van Dyck

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Partner - Practice Area Leader for Labor & Employment and Higher Education

Timothy Van Dyck defends clients of all sizes, including Fortune 100 companies against sexual harassment, discrimination, and retaliation claims, wage-and-hour class action suits, among other matters. He also routinely prosecutes and defends non-compete, non-solicit, and trade secret matters. He has tried over 20 cases to verdict. For clients looking to avoid litigation, Tim leads the implementation of rigorous training and compliance programs. His clients are in several industries, including telecommunications, healthcare, financial services, insurance, and manufacturing, among others.

With over 25 years of experience in representing management, he has been recognized by Chambers USA as a leading labor & employment lawyer in Massachusetts. Named a Massachusetts “Super Lawyer” in the area of Labor & Employment for three years, and recognized in the Super Lawyers Corporate Counsel Edition in the area of Employment & Labor, Tim routinely tries cases in both state and federal courts throughout the country. He comes to Bowditch & Dewey from Edwards Wildman, where he was a partner and co-chair of that firm’s Labor and Employment group.

Admitted to Practice: 

Massachusetts
Maine
Illinois
U.S. Court of Appeals, First Circuit
U.S. Court of Appeals, Second Circuit
U.S. Supreme Court

Background: 

Representative Experience

  • Tim recently obtained a complete defense verdict on behalf of a Fortune 10 company in a federal jury trial brought by a former manager. With potential damages in excess of $2 million, the plaintiff alleged his former employer retaliated against him for accusing the company of race discrimination. The complaint contained two counts, retaliatory firing and retaliatory hostile work environment under the Massachusetts’ employment discrimination statute (his race discrimination claims had been dismissed at summary judgment). After a one week trial, the jury returned a complete defense verdict on both counts, after four hours of deliberation.
  • Tim successfully defended a company through trial and appeal of a sexual harassment claim, where First Circuit, in a published opinion, commented on the Firm’s “skillful defense.”
  • Tim successfully obtained complete summary judgment in an arbitration before JAMS, for a medical group against a former physician/employee claiming, among other things, breach of employment agreement and breach of fiduciary duty.
  • He successfully obtained complete summary judgment for a Fortune 100 client against a former employee claiming sexual harassment and sex discrimination.
  • He successfully dismissed a whistleblower claim against a national chemical company.
  • Tim successfully dismissed RICO and common law related claims against a corporation and its officers by a former union steward claiming constructive discharge due to union activities. The judgment was affirmed by the First Circuit, marking the first time the First Circuit had addressed the issue of NLRB preemption.
  • He obtained a complete defense award, including damages in favor of the employer, plus all attorneys’ fees, in a two week arbitration, in which a former employee sought $5 million for breach of contract and fraud under a separation agreement.
  • Tim has successfully defended a myriad of sexual harassment and discrimination claims brought against Fortune 500 companies, including claims that have gone to full trial and hearing before various state agencies.

Professional/Community Affiliations: 

  • Member, Massachusetts Bar Association
  • Member, Boston Bar Association
  • Member, Employment Law Alliance

Speaking Engagements/Publications:

  • "The 8th Annual Federal and State Employment Law Update,” Bowditch & Dewey, Worcester/Newton/South Hadley, Massachusetts, January/February 2017