On behalf of Law Offices of Richard Mucci posted in Business Litigation on Friday, February 28, 2014. Can an employee be held personally liable for executing a contract on behalf of his or her employer if the employer fails to pay? Recently, the Massachusetts...
Enforcement of Non-Compete Agreements When Damages Are Incalculable
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Monday, February 17, 2014. Recently, the Appeals Court of Massachusetts had to decide whether a preliminary injunction blocking a Defendant from accepting a new position with a competitor was...
Strict Prevailing Wage Laws Can Equal Costly Mistakes
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Thursday, January 2, 2014. Recently, the Supreme Judicial Court affirmed that the Massachusetts prevailing wage statute is a strict liability statute and mistake or clerical error is no...
Massachusetts Overtime Law: Get Your Claim Filed
Are you working over forty hours a week and cashing your paycheck each week wondering if you have a claim against your employer for a violation of the overtime laws? Based on a ruling by the United States District Court for the District of Massachusetts in Firth v. TD...
Associational Discrimination In The Workplace: Can Claims Extend To Those Who Advocate For The Disabled?
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Tuesday, November 26, 2013. Can a special education coordinator pursue an associational discrimination suit against her employer school district that allegedly fired her in retaliation for her...
The Statutory Requirements For A Personal Guarantee: Don’t Compromise Your Business’ Rights To Enforce
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Thursday, November 21, 2013. What are the statutory requirements for a valid and enforceable personal guarantee to answer for the debt of another? Independence Park, Inc. v. Christy's of Cape...
Non-Solicitation Agreements And Contact Initiated By Former Customers: Can You Accept Their Business?
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Tuesday, September 24, 2013. Do you have the right to conduct business with a former customer who initiates contact with you if you signed a non-solicitation agreement while working for a...
Commercial Landlords Beware: Listen to Your Tenant’s Complaints About Defects As A Court Has Ruled that You Can Be Liable For Double or Treble Damages
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Friday, July 12, 2013. In a stern warning to commercial landlords, a Superior Court judge in Kuong, et al. v. Wong, et al., has ruled that a commercial landlord could be held liable for double...
What Rights Do You Have To Collect Your Annual Bonus If You Are Fired?
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Wednesday, June 26, 2013. What causes of action does an employee have against his employer when he is terminated prior to receiving his annual bonus? Is the employee entitled to the bonus as...
SJC Expands The Geographical Reach Of Laws Classifying Individuals As Independent Contractors To Individuals Working Outside The Commonwealth
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Friday, May 17, 2013. Massachusetts employers beware: the Supreme Judicial Court has ruled that out-of-state individuals who live and work for a company headquartered in Massachusetts may bring...
MARKETING AGREEMENTS BASED ON COMMISSIONS WITH OUTSIDE VENDORS-DOES YOUR BUSINESS UNDERSTAND THE TIME LIMITS?
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Monday, May 13, 2013. Does your business really know the time limits of payments in its marketing agreements based on commissions with outside vendors? Your business should scrutinize these...
Is Your Arbitration Dispute Resolution Policy In Your Employee Handbook Enforceable?
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Tuesday, April 23, 2013. Employers beware: you may be precluding your rights to arbitration if you maintain unilateral discretion to alter the terms of an employee handbook. In Domenichetti v....
The J. Geils Band’s Name “Musta Got Lost” In Court
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Monday, March 18, 2013. Many businesses in Massachusetts are named after one of their founders or partners. For example, "Frank's Steakhouse," "Comella's," and "Don's Hardware Store," but who...
Landlords Beware: Court Expands Massachusetts Building Code Strict Liability Standard to Mixed Used Residential/Commercial Buildings
On behalf of Law Offices of Richard Mucci posted in Business Litigation on Friday, January 4, 2013. Landlords beware a Housing Court Judge has ruled that an owner of a mixed used residential/commercial building is "strictly liable" for a drunk tenant's fall through a...