Retaliatory firing deprived worker of commissions that ripened later but legal penalties tripled the entire sum. Massachusetts SJC Parker v EnterNOC, Inc. (2020) FACTS Parker made a base salary and commissions working for EnterNOC marketing energy efficiency services. Parker made a $20M sale to occur over 5 years but only the first year was guaranteed,… Read More »Wages lost as a result of retaliation get tripled
Updated Pay Rates Apply on Mass Public Jobs – Whether the employer gets the update memo or not.
Mass SJC 2019 case Donis v American Waste Services LLC Parties Employee = DonisEmployer = AWS LLC Public Entities = TownsState Department of Labor = Determine prevailing wage rates Facts Cape Cod towns put material hauling work contracts out for public bid. Bidders knew they would have to pay ‘prevailing wage’. The Department of Labor… Read More »Updated Pay Rates Apply on Mass Public Jobs – Whether the employer gets the update memo or not.
Rough Framer’s Insurer had to Defend Upstream Parties in Pipe Freeze Water Damage Case
Philadelphia Indemnity v Consigli Construction Co. Inc, Dist Court D Mass (2018) PARTIES AND FACTS Pipes burst in a Condominium. The Condominium, insured by Philadelphia, paid – and sued others for subrogation – to recoup. In the name of their insured Condo, Philadelphia sued Consigli – general contractor “Stock” Building Supply – the framing subcontractor… Read More »Rough Framer’s Insurer had to Defend Upstream Parties in Pipe Freeze Water Damage Case
Lack of Respect for Corporate Formalities Puts Company on the Hook for Guarantee
Mass corporation liable for unauthorized guarantee due to shoddy corporate paperwork and inaction after learning. People’s United Bank v B&B Fire Protection Inc. Mass App Ct (2019) FACTS The B&B FP Inc. corporation was made up of two shareholders with 51 and 49 per cent ownership. The two owners had a falling out; the minority… Read More »Lack of Respect for Corporate Formalities Puts Company on the Hook for Guarantee
Workers who collect worker’s comp payouts lose the right to sue their employer. Any other party who could be legally liable remains open to suit. (If the worker wins the tort case, it must repay worker’s comp for its outlays). Who enjoys this employers’ immunity from suit? The exclusive remedy of Worker’s Comp is exclusive… Read More »Joint Corporations Enjoy Comp Immunity
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