Kajko, Weisman & Colasanti, LLP

Massachusetts And New Hampshire Law Blog

Is Connecticut a right-to-cure state for construction?

Connecticut does not have statutory provisions that specifically allow contractors the right to cure construction defects. This means that you would probably not need to give construction contractors or subcontractors an option to fix their mistakes. You would also probably not need to provide notice before you filed action.

However, you may want to offer your business partners this opportunity informally before you bring legal action in some cases. Deciding what to do after you discover and potential construction defect would depend on several aspects of your unique situation. Please read on for a brief discussion of some of these issues.

Considerations in choosing the right business successor

These days, the majority of small business owners across Massachusetts are from the "Baby Boomer" generation, and if you are among them, you may be thinking about the next stage in your life and wondering how to prepare your business for the transition. At Kajko, Wiseman & Colasanti, LLP, we understand that setting your business up for continued success involves two important steps: creating a comprehensive business succession plan and selecting someone to be your successor.

According to Forbes, the earlier you can get a jumpstart on your business succession planning, the better, and the less you rush the process, the more likely you will be to draft a solid, multifunctional succession plan that addresses all relevant areas. So, when might you want to start the process? Ideally, you want to give yourself at least five years to come up with your succession plan and choose and groom a successor, but if you can give yourself even longer, so much the better.

What can you do if you experience sexual harassment at work?

Massachusetts workers have the right to a workplace that is free from harassment and other types of mistreatment. When you go to work in the morning, you expect safety and fair treatment. There are both state and federal laws that protect your rights in the workplace, yet despite these protections, people still experience things like discrimination and harassment.

Sexual harassment of any kind is unacceptable, and it can be especially difficult if you experienced this type of treatment at work. Employees who are dealing with this issue at work may feel powerless, but there are certain things they can do to protect their rights and hold liable parties accountable. You may find it beneficial to learn what to do if this happened to you

How do you pick a business successor?

When you own a business in Massachusetts, you may think you have plenty of time to choose a successor. However, it is important to have a succession plan in place before you need one. There are a few things to consider as you pick a successor and put a plan together. 

Sometimes you may think you are the only person who needs to consider business succession. Leaderonomics.com says that is is a good idea to bring your board of directors into this conversation. The board can help you identify the most important criteria your successor should have. Additionally, this group may be able to help with accountability as you put together a plan, as well as help guide the new successor through the first few months on the job. It is also a good idea to consider what obstacles the company might face later on. While you may want to pick a successor who is exactly like you, it is important to remember that your company may need someone with different qualities to guide the business through different circumstances.

Dealing with your 401k during your divorce

As you enter into your divorce proceedings in Lexington, one asset that you will want to prepare for when dealing with property division is your 401k. Many often ask us here at Kajko, Weisman & Colasanti, LLP why their 401k's are considered marital assets when such account are funded through their individual employment efforts. We remind them that the income they earn from their jobs during their marriage is considered a marital asset, and given that a 401k is funded largely by one's income, it too falls under the same category. This brings us to the next important topic: how is it too be divided? 

In most cases, the court hearing your case will issue a Qualified Domestic Relations Order. A QDRO authorizes a retirement plan administrator to make payouts from an account to an alternate payee. In the case of a divorce, the alternate payee is your ex-spouse. They can choose to do one of two things with their share of the money: roll it into their onw retirement savings account, or withdraw it now. Typically, withdrawals made from a retirement account made before one reaches the age of retirement are subject to a hefty tax penalty. Divorce, however, is one of the rare cases where such a penalty does not apply (one will have to pay income tax on the amount they withdraw). 

Borrowing money from family and friends for a business

You are ready to launch a business. However, banks and traditional investors are reluctant to fund your venture. Family and friends may be your best option for securing the needed funding. But you must be careful, thoughtful and have a plan in place before approaching your family and friends for business loans. Money and relationships are at stake. You don’t want to lose either of them.

Issues to consider when soliciting for business loans

Alimony, gender and taxes

Long gone are the days when getting a divorce is an unusual thing for couples in Massachusetts but simply the act of getting divorced is not the only thing that has changed over the past several decades. Even the face of divorce itself looks different today than it once did.

A generation or more ago, it could all but be assumed that the husband would move out of the home and pay both child support and spousal support after a divorce. That is not so in all divorces today. As explained by MarketWatch, more are actually paying alimony to their ex-husbands and making regular child support payments to live up to their financial responsibilities of parenting.

Be HEARD bill introduced in Congress

Residents in Massachusetts and around the country have been keenly aware of the continuing problem the nation is facing when it comes to sexual misconduct and harassment in the workplace. Despite continuing progress in some areas, women and even some men still experience discrimination or harassing behavior. The Me Too movement has brought this topic to the forefront of the national conversation. Now, several senators and congressional representatives are taking action.

A new bill has been introduced into Congress designed to take major steps forward in the effort to extinguish sexual harassment. The bill is called Bringing an End to Harassment by Enhancing Accountability and Rejecting Discrimination. Essential elements in the Be HEARD act target anti-retaliation laws and rules and the method by which sexual misconduct allegations and cases are reported and handled. The bill also aims to eliminate the low minimum wage cap for employees who work in service jobs where they also receive tips, called the tipped minimum wage.

You just got served. Now what?

America is frequently referred to as the most litigious country in the world. Simply put, we love to sue. Even so, when you are the one getting served in Massachusetts, it may not feel commonplace at all. You may begin to think you are the only person in the world who truly knows what it is like to either be caught in the act or be falsely accused.

Once you begin to calm down and process what is happening, however, you quickly begin to recognize that many have walked this path before. Whether you come out the victor on the other end will depend on how you handle that journey. Here are a few steps recommended by Forbes to help get you through your first civil lawsuit.

How do you file your own insurance claim?

Filing for an insurance claim is not easy work. You will probably have to do quite a bit of record keeping and emailing back and forth with your insurance claims approval division. However, you may be able to navigate this system effectively for minor claims.

If you come across any difficulties, it could be an indication that you need assistance with your claims process. Do not hesitate to ask someone, as these insurance issues often have a time limit within which you would be able to secure reimbursement for your medical expenses.

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