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J. Mark Poerio, Esq.


For 30 years, Mark has been in private practice with a focus on executive compensation, employee benefits, and fiduciary matters, especially from a business, governance, tax, securities, and litigation perspective.  He currently serves as President of the prestigious American College of Employee Benefits Counsel, and on the executive board of the American Benefits Council.




David G. Gabor, Esq. 

 David Gabor is widely recognized as an expert in the area of employment, human resources and business law. He has been called upon to proactively represent clients in litigation, the negotiation and drafting of contracts, handling compliance issues, the creation of corporate infrastructure, the drafting of policies, training of employees and leading companies towards organizational excellence. 





The Wagner Law Group

The Wagner Law Group is a nationally recognized practice in the areas of ERISA and employee benefits, estate planning, employment, labor and human resources and investment management.


Established in 1996, The Wagner Law Group is dedicated to the highest standards of integrity, excellence and thought leadership and is considered to be amongst the nation's premier ERISA and employee benefits law firms. The firm has seven offices across the country, providing unparalleled legal advice to its clients, including large, small and nonprofit corporations as well as individuals and government entities worldwide. The Wagner Law Group's 32 attorneys, senior benefits consultant and four paralegals combine many years of experience in their fields of practice with a variety of backgrounds. Seven of the attorneys are AV-rated by Martindale-Hubbell and six are Fellows of the American College of Employee Benefits Counsel, an invitation-only organization of nationally recognized employee benefits lawyers.  Six of the firm's attorneys have been named to the prestigious Super Lawyers list for 2017, which highlights outstanding lawyers based on a rigorous selection process.








Contact Info

The Wagner Law Group


  Integrity | Excellence



Tel: (617) 357-5200 

Fax: (617) 357-5250 

99 Summer Street 

13th Floor

Boston, MA 02110


Washington, D.C.

Tel: (202) 969-2800


Fax: (202) 969-2568

 800 Connecticut Avenue, N.W.

Suite 810

Washington, D.C. 20006



Tel: (847) 990-9034

Fax: (847) 557-1312

190 South LaSalle Street

Suite 2100

Chicago, IL 60603



Palm Beach Gardens 

Tel: (561) 293-3590
Fax: (561) 293-3591
7108 Fairway Drive
Suite 125
Palm Beach Gardens, FL 33418



Tel: (813) 603-2959

Fax: (813) 603-2961

101 East Kennedy Boulevard

Suite 2140
Tampa, FL  33602 


San Francisco

Tel: (415) 625-0002

Fax: (415) 358-8300

300 Montgomery Street

Suite 600

San Francisco, CA 94104


St. Louis

Tel: (314) 236-0065

Fax: (314) 236-5743
25 W. Moody Avenue
St. Louis, MO  63119 







February 7, 2018


Compensation and Benefits:

The Front Line in the War Against

Sexual Harassment





Our article, "Hitting Workplace Harassers Where It Hurts" (National Law Journal, 12/30/2017*), began by recognizing that a 2016 EEOC study carried the following warning about sexual harassment in the workplace: "Much of the training done over the last 30 years has not worked as a prevention tool." We concluded with this suggestion: "Imagine a training session that starts by highlighting the financial devastation that could result from a termination for cause."


Employers have the power to "up the ante" for workplace misbehavior, by expanding not only what compensation is at risk for bad-acting employees, but also by imposing look-back periods that may vary depending on the nature of the bad act. For employers who agree that bad acts should have bad consequences, 2018 will be a good year in which to revisit what is placed at risk, and how that risk will materialize. With the door open for toughening-up workplace policies, employers should also review:



(1) their benefit plan and award provisions that encourage efficient claim resolution; and

(2) their enforcement mechanisms for loyalty covenants (i.e., agreements that protect against trade -secret disclosures and post-employment violations of non-competition, and non-solicitation covenants).


For further information, please contact David Gabor or Mark Poerio. They are ready to answer questions, lead executive briefings, and provide workforce training focused on substantive and procedural strategies that discourage workplace harassment and other misconduct.


*Mark Poerio, who recently joined The Wagner Law Group, was the primary author of this article, with Steve Harris.




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This Newsletter is provided for information purposes by The Wagner Law Group to clients and others who may be interested in the subject matter, and may not be relied upon as specific legal advice.  This material is not to be construed as legal advice or legal opinions on specific facts. Under the Rules of the Supreme Judicial Court of Massachusetts, this material may be considered advertising.