Massachusetts Business Legal Questions

As a general matter, employment relationships in the United States are "at will," which means that either party may insist on changes at any time for any reason or no reason at all. The possibility of a retroactive change is problematic, because she had apparently already completed the work for which she was then paid less than the agreed amount. I'm guessing that not much money is involved in the retroactive adjustment, so that may not be worth pursuing. The prospective adjustment is lawful and your wife's remedy is to quit.... Read More

It is possible to achieve the control results with any kind of entity -- corporation, LLC, partnership, etc. -- by entering into an agreement among the owners. The facts you have put forth do not clearly make a case for one kind of entity rather than another. You should consult with an attorney regarding this matter.... Read More

These are always unsatisfying situations. As a general matter, you have a duty to pay the creditor the amount that was properly due and owing, even if one or both of you made a mistake regarding the balance due. The provision by the creditor of a payoff statement or an oral quotation of the amount due -- legally, an "account stated" -- gives you little shield because it contained an error. Most creditors only provide payoff statements that provide, in writing, that they do not preclude the creditor from collecting the correct amount due (a non-"estoppel" term). So, in answer to your question regarding whether you "need to pay them for their mistake," the answer is that both of you were mistaken regarding the balance due, and therefore the original contract terms are controlling.... Read More

Business lawyers generally work in private offices, which may be at large firms of hundreds of lawyers, or in smaller firms, or as solo practitioners. I'm not sure what you mean by "working conditions," but business lawyers generally have adequate heat, electrical service, and Internet service in their offices as a matter of necessity.... Read More

Closed or closing businesses are still required to "wrap-up" all of their current business ventures. This requires the business to fulfill or sever any outstanding contracts they may have with other businesses. Therefore you are entitled to your services under your contract. If the business is no longer functioning and can't fulfill the services, you may get another company to fulfill the services then sue the original company for the cost of those services. Someone is responsible for the services that are owed to you and each business is responsible for fulfilling their obligations. You should find the members of the business and discuss the options with them. Failure for the business to make good on their contracts constitutes a breach and has legal consequences. This would depend on the contract created when winning the competition and the business you are dealing with. The terms should be closely looked at by local counsel before further actions are taken.... Read More

I think you should consult a lawyer immediately.  Your partner has stopped acting like a partner if he doesn't work and wants the business to go under.  Before suing him for breach of the agreement, see what provisions there are for buyouts.  Maybe you can agree on a price based on profits or appraised value.  A good business lawyer should have suggestions designed to give you sole control and keep both of you out of court.  The latter is always a good idea if at all possible.  Good luck.... Read More