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Questions Answered by Jonathan R. Roth

1 Answer | Asked in Mergers & Acquisitions for California on

Q: What's the first step to evaluating a franchise? What should I look out for?

Jonathan R. Roth answered on Apr 6, 2018

First determine the reputation of the organization. Analyze what the costs are and what the training provides. Ask to talk to existing franchisees or simply go to a relatively close franchisee and speak to them. Check to see if they are registered in your state and if there are pending complaints... Read more »

1 Answer | Asked in Estate Planning for Massachusetts on

Q: whats the best way to say i came of my own free will to a lawyer

Jonathan R. Roth answered on Mar 27, 2018

The statement is I am signing this document of my own free will. It is a statement you make in front of witnesses and notaries.

2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Massachusetts on

Q: Can my employer mandate that I sign a release of all claims because I filed a charge of discrimination with the EEOC?

I do not agree with a single part of the settlement agreement and I do not want to lose my rights to sue. Can my employer terminate me if I refuse to accept and sign the release of claims.

Jonathan R. Roth answered on Mar 26, 2018

If this is part of a Settlement of your claim, then he can make it a condition of settlement. It is up to you whether you sign it or not.

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1 Answer | Asked in Business Law and Securities Law for California on

Q: what differences are there between NY and CA laws governing VCs ?

specifically in terms of what they can or cannot do with startup capital.

Jonathan R. Roth answered on Mar 22, 2018

More information is needed to answer your question. Most VC firms manage funds they create using investors money. In creating those funds they have to comply with SEC rules as well as state rules to the extent they apply. As to the use of the funds that is dictated by the terms of the fund and the... Read more »

2 Answers | Asked in Estate Planning for Massachusetts on

Q: How many people do I need to witness a will?

Jonathan R. Roth answered on Mar 21, 2018

Massachusetts requires two witnesses or a notary. Most attorneys do both and have the notary certify the witnesses and the Testator signed the Will.

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1 Answer | Asked in Employment Law for Massachusetts on

Q: I was just fired from teaching without any evidence of wrongdoing and I was never given an opportunity to give testimony

I asked for a copy of the policy I broke and I was denied. I feel this is wrongful termination. How can I prove it. We don't have union so I'm on my own. Can anyone help?

Jonathan R. Roth answered on Mar 16, 2018

Unless there is a specific provision at your employer that limits the grounds for termination, you are considered an employee at will and can be terminated for any reason or no reason. I strongly suggest you contact an employment attorney who litigates and meet with her/him to determine what... Read more »

1 Answer | Asked in Mergers & Acquisitions for California on

Q: My son wants to purchase part of the family business from his brother

but they are disputing the price. What's the best way to deal with this?

Jonathan R. Roth answered on Mar 16, 2018

There are a number of ways to do this but the two most common are:

1. have someone independently value the stock being purchased without adjustment for minority ownership or lack of control (there are a variety of ways to deal with selection of who values the business);

2. look at...
Read more »

1 Answer | Asked in Employment Law for Massachusetts on

Q: If I get fired in MA do I lose my company stock? Is it better to resign or get fired? Can you resign while suspended?

Jonathan R. Roth answered on Mar 16, 2018

It depends if your ownership has vested or not and the reason for the termination. Absent a provision that calls for forfeiture of vested stock for specific reasons, any stock you have that has been vested will be retained. Any non-vested stock will be forfeited.

1 Answer | Asked in Business Law and Employment Law for Massachusetts on

Q: Does Massachusetts state law require employers to pay an employee for their accumulated sick time?

If the employee is terminated, let go or the company closes, are employers required to pay them for their accumulated PTO/ETO?

Jonathan R. Roth answered on Mar 12, 2018

Any accrued vacation pay is required to be paid. Accumulated sick pay is not required under MA law unless the employer has a stated policy to that effect.

1 Answer | Asked in Contracts for Massachusetts on

Q: I am a handyman and I canceled a job to do for a customer, the dates got pushed up a few times. He called me and yelleed

At me. I told him I no longer wish to do the job. He emailed me with a demand to do job , saying that if I did not do the job, I would be responsible for any damages do to me not doing the job.

Jonathan R. Roth answered on Mar 2, 2018

The issue is was there a binding contract, if there was and you breached it - theoretically he could sue for damages. Assuming there was a contract and you breached it, then what were the direct consequential damages as a result. He has to have a direct damage. Theoretically if you quoted him $200... Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on

Q: My uncle died with no will, no children, what are my rights as an heir to find out what was in bank accounts he had?

Two living Aunts (his sisters) and me and my 2 sisters (heirs thru my dad (their brother). What are the rights as far as the estate. The one sister is claiming they don't know what he had. The one sister sent a paper to the other sister wanting her to sign (Waiver of bond paper or something)... Read more »

Jonathan R. Roth answered on Mar 2, 2018

There is a difference between an estate which is subject to probate and a Trust. A Trust is not part of probate generally. The Estate consists of all property held by the decedent directly, personal bank and brokerage accounts, real estate owned by the decedent in his own name or as the... Read more »

1 Answer | Asked in Employment Law for Massachusetts on

Q: is there anything I can do?

I'm a delivery driver for a small liquor store. I get paid minimum wage from the store, and about on average $400-$500 a week in taxed tips. In 1 year, I've delivered over $230,000 worth of product for them alone.

My boss recently said he was no longer going to pay me gas money ($20/week)... Read more »

Jonathan R. Roth answered on Mar 2, 2018

The question involves a lot of complex issues. However without going through a detailed analysis and determining what employment policies your firm has, the answer to can he force you to take a week-off the answer is yes he can lay you off for any reason he wants so long as it does not violate... Read more »

1 Answer | Asked in Probate for Virginia on

Q: My friend’s Grandma left her $15,000 but she is not talking to her family. What kind of lawyer would she need to get?

Jonathan R. Roth answered on Feb 24, 2018

You need an estate planning or probate attorney to assist her.

1 Answer | Asked in Contracts for Massachusetts on

Q: If I rescind my refinanced home improvement loan before work was done, will I still owe money on the original loan?

Both loans were issued by the same lender, and I did not rescind the original one within 3 business days.

Jonathan R. Roth answered on Feb 24, 2018

Without reading the relevant contracts, I cannot make a definitive answer. If you rescinded the second loan, the funds should not have been disbursed and there should not be money owed.

However, on the first loan you will owe the money but the funds should be repaid or not issued to the...
Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Massachusetts on

Q: I have a 1 year lease that automatically becomes a month to month agreement signed when I moved in. is that legal?

I moved in to this condo in Hudson MA in July of 2016 which says it is a 1 year contract and after it expires it becomes a month to month that was signed when I moved in 2016. (wasnt really sure what that meant) Is it legal for a 1 year contract to become a month to month without a second... Read more »

Jonathan R. Roth answered on Feb 20, 2018

Yes, it is legal. If you want a new lease you can ask the landlord for one.

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1 Answer | Asked in Mergers & Acquisitions for California on

Q: When two companies decide to merge, what financial information are they legally obligated to disclose to each other?

Jonathan R. Roth answered on Feb 17, 2018

In any transaction each party should disclose any material information that might impact the other party's decision to move forward. Generally, each company should disclose their financial information and any known potential liabilities such as potential lawsuits, potential liabilities for recalls... Read more »

2 Answers | Asked in Contracts, Real Estate Law and Collections for Massachusetts on

Q: My son and daughter in law signed a financial agreement to repay me $150000 over a period of 20 years.

They have not made any payments, what can I do, they live in Boston. The note says that the house that they purchased from me is security for the loan. I am 72 and need the money to live on.

Jonathan R. Roth answered on Feb 16, 2018

If you have a mortgage on the property you can foreclose, if not you can sue them for repayment and attach a lien against the home.

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1 Answer | Asked in Civil Litigation and Real Estate Law for California on

Q: If tenants in common disagree on a partition by sale will verbal agreements which are not recorded be considered

Jonathan R. Roth answered on Jan 31, 2018

The right to partition is generally independent of verbal agreements. While they can be considered, the real issue is can the property be divided equitably without requiring sale.

1 Answer | Asked in Employment Law, Employment Discrimination and Civil Rights for Massachusetts on

Q: Can I sue?

I work for Amtel and they told me because I called out twice because the first time I went to the clinic do to high blood pressure and I’m diabetic so my sugar was really low the second time was because I got sick with strep and fever and because of my fever I had a really high blood pressure... Read more »

Jonathan R. Roth answered on Jan 30, 2018

Contact an attorney who specializes in suits under the American's with Disabilities Act. You can call the Boston Bar Association or the Massachusetts Bar Association for a free referral. It would seem that the Company has terminated you for an invalid reason. One issue is however if you were a... Read more »

1 Answer | Asked in Estate Planning for Massachusetts on

Q: I have been married 40 yrs this year. I am on SSDI. We had to sell the family home in 2006.

I now live in my wifes mothers home. It is in my wifes name and my sister in laws brothers name. Am I entitled to any $$ when this home is sold. I have lived in this home for 10 years, My sister in law has been deceased for 7 years this month.

Jonathan R. Roth answered on Jan 23, 2018

Assuming your wife is still living, then no you have no direct ownership rights save as to perhaps your limited rights under CHAPTER 189 DOWER AND CURTESY. If the property is titled as joint tenants and your wife predeceases you, then you probably have no rights. if the property is owned at... Read more »

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