Questions Answered by Jonathan R. Roth

Q: Can a previous employer contact a current employer for no other reason other than to advise I left their place

1 Answer | Asked in Employment Law for Massachusetts on
Answered on Oct 19, 2017

Unless your current employer contacted them, they are not allowed to call your current employer. More importantly, depending upon what they said they may have opened themselves to law suit under several statutes.
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Q: If I am a freelance composer in outside USA, is it legal to work with USA companies with payments?

1 Answer | Asked in Business Law, Contracts and Employment Law for Massachusetts on
Answered on Oct 12, 2017

You do not have to have a specific entity to do business with a US Company in the US. You need to contact a local attorney who understands the Tax Treaty between the US and your home country as to tax withholding and tax liability. The US company may require you to get a TIN (Taxpayer Identity Number). Your agreement should spell out the services, rights and legal jurisdiction for resolving any disputes.

Please feel free to contact me if you have any additional questions.
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Q: What's the easiest way to merge my company with another incorporated in Nevada?

2 Answers | Asked in Mergers & Acquisitions for California on
Answered on Oct 9, 2017

There is no complication assuming both companies are corporations. You have two ways of handling the merger once you decide how you want the ending structure to exist.

1. Merger one company into the other and then file as a foreign corporation in the state which there no longer exists a company. CA Corp merges into NV Corp- NV Corp is the surviving corporation and files as a foreign corporation in CA.

2. The two companies merge into a new corporation C, then C can either own...
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Q: boss is making terminated employees sign an agreement not to apply for competitors. If refuse to sign agree what happen

1 Answer | Asked in Employment Law and Employment Discrimination for Massachusetts on
Answered on Oct 3, 2017

First, while trying to make a non-compete agreement as part of a termination package is clever, I am not sure it is enforceable under MA law. Moreover, unless someone is properly compensated, promotion and raise or a raise, a non-compete agreement is not enforceable if not executed at the time of employment. The issue is whether the agreement includes specific compensation for agreeing not to work for a competitor. Before signing such an agreement I would contact an attorney who handles...
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Q: What would be the best way to go about buying the land or whatever?

1 Answer | Asked in Contracts, Land Use & Zoning, Mergers & Acquisitions and Real Estate Law on
Answered on Sep 28, 2017

There are a variety of ways to protect your investment in the farm. You could buy your father out now on an installment sale so when he dies, your family gets paid the remainder and the money is split according to your father's Will or Trust. Your father gives you a note which is interest only and becomes due when he dies and you can use the Note to offset the purchase price. Your father can give you an option to buy the farm at his death for a specific amount and with appropriate terms,...
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Q: I am on a quitclaim deed for my mothers house, does this mean I own the house. She is going onto long term care.

1 Answer | Asked in Estate Planning, Health Care Law and Real Estate Law for Massachusetts on
Answered on Sep 26, 2017

I assume the title is as joint tenants. Until your mother dies you both own the home. The fact she temporarily is not living there does not mean you own the home. Assuming your title is as joint tenants, when your mother passes you record her death certificate and at that point the sole title to the property passes to you. In the interim, if you want to rent or sell the home I suggest you contact an attorney familiar with both estate planning, Medicare/ Medicaid, and real estate law. If the...
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Q: I am thinking about buying a house in Norton, MA with my cousin and his wife. Are there standardized contracts for this?

2 Answers | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for Massachusetts on
Answered on Sep 25, 2017

No there is no standard agreement for this. There are a variety of issues you have to resolve. First, is this an investment property or do you intend to share the property as a home. Then there is the division of the property and contributions by each party- whether it is to be shared in two halves or in thirds. I would suggest you contact a real estate attorney like me sooner than later.
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Q: If I as CEO of my company discover the company I've signed on to acquire has doctored its financial health records is

1 Answer | Asked in Mergers & Acquisitions for California on
Answered on Sep 19, 2017

Yes, if what you are telling me is that they engaged in fraud by altering their books and the alterations are material such that you either would not have proceeded with the acquisition or would have changed the price and terms, then you have grounds to rescind the transaction or to sue the sellers for the damage they have done. I suggest you contact a good corporate attorney who also does litigation as soon as possible.
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Q: Does PR need to seek court's permission to charge rent to tenant residing in decedent's 3 family home?

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Massachusetts on
Answered on Sep 19, 2017

This presents a complicated issue. I would go to court and ask for permission to charge and collect rent as well as sell the property, not so much as to get permission but to save you from a contest over your actions by your sister in the future. I would contact an attorney immediately for help. There are variety of issues you need to confront with a situation like this. You do not indicate whether your sister is financially able to buy the property or even pay rent, her competency or other...
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Q: A foreign company wants to purchase part of my LLC. Do I have to reform as a C-Corp?

1 Answer | Asked in Business Formation, Business Law and Mergers & Acquisitions for Washington on
Answered on Sep 15, 2017

You would have to elect to be taxed as a partnership or as a C-Corp. A foreign entity cannot own part of an S-Corporation. However depending upon the purpose of the investment and the nature of how you want to operate there may be an alternative set of structures to accomplish your goal.
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Q: My daughter was wrongfully fired. Her pay check is now ready. Does she have to sign to get it

1 Answer | Asked in Employment Law for Massachusetts on
Answered on Sep 14, 2017

If they are including severance pay, then she may have to sign something. If they are just paying her wages and accrued vacation pay, then no she does not have to sign anything. I would contact an employment attorney in your area if you have more questions.
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Q: Can an organisation be held vicariously liable for the action of it employee causing harm to another employee of others?

1 Answer | Asked in Employment Law for Massachusetts on
Answered on Sep 14, 2017

If the action by the company and/or the employee was with malicious intent, then it is an intentional tort. The issue then becomes whether the employee was acting within his/her official capacity or not. Anyone can file a lawsuit, the issue will be whether the action was outrageous or not and if it rose to an intentional tort.
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Q: Are we entitled to acquisition prescription since my husband has lived in this home since age 12yrs (now 50)?

1 Answer | Asked in Mergers & Acquisitions and Real Estate Law for Louisiana on
Answered on Sep 8, 2017

First contact a local attorney in Louisiana. As a part owner, they need your consent to sell the property or they have to file a petition for partition or the equivalent in Louisiana. You question should be under real property or taking by adverse possession. The real issue in an adverse possession claim is have you lived there with or without the permission of others and has your use been open and notorious under Louisiana Law. I do not practice in Louisiana and your states laws are...
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Q: If a document has been misrepresented by a plaintiff, can the defendant convince the court to rule it inadmissible?

1 Answer | Asked in Contracts and Collections for Massachusetts on
Answered on Sep 5, 2017

You can argue that they failed to provide information requested in a timely manner and ask for its exclusion. There is no guarantee you will succeed. Likewise, seek permission to revise your answers to the Interrogatories based on the new legible copy. I believe you need to get assistance from an attorney.
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Q: Lawsuit for injury at work then being fired

1 Answer | Asked in Employment Law and Workers' Compensation for Massachusetts on
Answered on Sep 5, 2017

Contact a workmen's compensation attorney immediately. If you do not know one, call the Massachusetts bar association and ask for a list of attorneys in your area to assist you.
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Q: What do I have to do to claim an inheritance of land in ponce that's been going on for 34 years that a few people want ?

1 Answer | Asked in Estate Planning for Massachusetts on
Answered on Sep 5, 2017

You need to file a petition to open the estate and claim the property. Check to see if an estate was ever opened before for the owner whose name appears on the deed. First, contact a local title search company like Quirk Title and order a title for the property. Check with the probate court where the owner last lived and check to see if an estate was ever opened. Then contact an attorney in your area to assist you.
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Q: what document i need from somebody who owes me money, to have a legal promise form him?

1 Answer | Asked in Contracts for Massachusetts on
Answered on Aug 29, 2017

Have him sign a promissory note for the amount.
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Q: if their is 5 heirs to an estate can the oldest sibling just take it upon himself to go through dead person's things the

2 Answers | Asked in Estate Planning and Probate for Massachusetts on
Answered on Aug 20, 2017

It is the person appointed Personal Representative's responsibility to do so, or if everything is in a Trust, the Trustee's responsibility. Apart from looking for the Will or a copy of the Will, he should not have done anything by himself.
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Q: i need a power of attorney and I live in Massachusetts. Do I need a lawyer to do this for me or can I do it myself?

2 Answers | Asked in Estate Planning for Massachusetts on
Answered on Aug 19, 2017

It does not have to be done by an attorney, but I would recommend you have an attorney do it. There are two types of Powers of Attorney, a regular one and a Durable Power of Attorney (DPOA). Most Estate Planners draft Durable Powers of Attorney. There are variations of DPOAs, immediate authority, authority on disability only, broad in scope or limited, some deal with financial decisions and some include or deal with medical decisions and have more authority than a medical proxy. Likewise it...
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Q: Hi, I have a friend who is still listed as president to a family business. Four years ago was pushed out by his brother.

2 Answers | Asked in Business Law for Massachusetts on
Answered on Aug 15, 2017

A company is not required to pay for a former employees medical insurance. However, under MA m law he would have been entitled to Cobra rights to pay for his insurance under the company plan. If he is still listed as President of the company that raises some interesting issues as to whether he is still deemed an officer of the company and entitled to not only medical insurance but other benefits. Likewise, depending upon why he was terminated as an employee of the company he might have a...
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