Doherty, Ciechanowski, Dugan & Cannon, P.C.

What’s in your Employee Handbook?

DCDC Law — Mon, 13 May 2013 14:45:11 +0000

By Craig A. Ciechanowski, Esq.

A recent Federal District Court decision has sent a strong reminder to employers that crucial employment policies need to be standalone policies and not simply included in an employee handbook which the employer reserves the right to change.

In Domenichetti v. The Salter School, LLC, a former employee brought a claim for retaliation she claimed to have suffered after requesting maternity leave under the Family and Medical Leave Act. The employer sought to enforce an arbitration provision included in its employee handbook to block the suit. The Court refused to enforce the provision, finding that the employer retained the unilateral right to modify the handbook without notice.

Crucial employment policies should be in standalone, separate, mutually binding agreements, which the employee must acknowledge, sign and return to the employer.

For questions about any business matters, contact Craig A. Ciechanowski, Esq. at cac@dcdclaw.com or one of the business attorneys at Doherty, Ciechanowski, Dugan & Cannon, P.C.

2013 National Elder Law Month Seminar Series

DCDC Law — Tue, 07 May 2013 14:16:05 +0000

In recognition of May as National Elder Law Month, Attorneys John Dugan, Steven Weil, Jennifer Taddeo and Melissa Howitt are presenting a series of seminars at local Councils on Aging to educate people about elder law. National Elder Law Month is sponsored by the National Academy of Elder Law Attorneys (NAELA). The seminars are designed by the Massachusetts Bar Association’s Probate Law Section in response to the growing legal needs of older adults, people with special needs, and their families. Topics include estate planning, how to protect your home and Medicaid and Medicare issues.

Seminars are scheduled for:
May 9, 2013, at 6:30 p.m., at the Bellingham Council on Aging – Attorney Jennifer Taddeo
May 14, 2013, at 10:00 a.m., at the Medfield Council on Aging – Attorney Melissa Howitt
May 15, 2013, at 11:00 a.m., at the Plainville Council on Aging – Attorney Steven Weil
May 22, 2013, at 10:00 a.m., at the Blackstone Council on Aging—Attorney Jennifer Taddeo
May 22, 2013, at 12:30 p.m., at Wrentham Council on Aging– Attorney John Dugan
June 6, 2013, at 12:00 p.m., at the Millville Council on Aging- Attorney Jennifer Taddeo
June 18, 2013, at 10:00 a.m., at the Attleboro Council on Aging- Attorney John Dugan

It Depends Upon What the Meaning of “Permanent” Is

DCDC Law — Thu, 02 May 2013 15:37:35 +0000

By Attorney Jennifer Taddeo

Throughout this year, many estate planning meetings have been kicked off by clients telling me that since Congress permanently set the federal estate tax exemption at $5 million, indexed for inflation ($5.25 million in 2013), there was no need to talk about estate taxes.

I always point out, first, that the Massachusetts estate tax exemption remains at $1 million with no anticipated change. Then I explain that, while I don’t expect it to change, “permanent” in this case does not mean that it can’t change. What Congress did in early 2013 was to remove any expiration date from the estate tax laws. For the first time in over 10 years, we had no concerns about “sunsetting” provisions or countdowns. However, Congress has the power to change the laws that it makes.

Earlier this month, President Obama presented his 2014 budget . In this budget, there is a proposal that, beginning in 2018, the federal estate tax exemption drop to $3.5 million, only $1 million of which could be used during lifetime, and neither figure would be indexed to inflation. Further, the proposal calls for an increase in the estate tax rates, with the top rate rising from 40% to 45%. A number of estate tax planning and minimization tools are targeted in the proposal as well.

A proposal is a long way from a law, however, the existence of a proposal to change a law passed only 4 months ago is a reminder that estate planning must be revisited regularly to insure that your plan remains appropriate based upon changing laws and changing circumstances.

Attorney Steven Weil completed conciliation program

DCDC Law — Mon, 29 Apr 2013 20:10:53 +0000

On Friday, April 26, 2013, Attorney Steven Weil completed an 8-hour conciliation training program sponsored by the Massachusetts Bar Association. The program certifies experienced family law practitioners as conciliators to be placed on the Probate and Family Courts’ list of trained conciliators. Conciliation is a form of alternative dispute resolution which assists parties in settling their cases with the help of a skilled practitioner who works closely with the parties to identify their legal issues and negotiate fair and reasonable agreements. Attorney Weil will serve on a panel of conciliators participating in the new Norfolk County Probate and Family Court Conciliation Program.

New independent living facility for seniors in Franklin, MA

DCDC Law — Fri, 26 Apr 2013 14:30:58 +0000

Attorney Craig A. Ciechanowski successfully completed the permitting of a 140-unit congregate/independent living facility for senior, with amenities including an on-site restaurant, theater, library and chapel, to be located in Franklin, Massachusetts.

Employers and New Form I-9

DCDC Law — Thu, 04 Apr 2013 14:58:01 +0000

By law, all employers (public and private), must obtain from each employee a completed Form 1-9 no later than the first day of employment. The employer is required to physically examine documentation provided by the employee which establishes the employee’s identity and employment authorization. The employer must complete the employer’s portion of Form 1-9 no later than the third day after employment commences.

A new Form I-9 has been issued by the United States Citizenship and Immigration Services be used by May 7, 2013. A copy of the new form could be found at www.uscis.gov. The new form need only be used for new employees; if the employer has a properly completed Form I-9 on file, a new form is not required.

For questions about any business matters, contact Craig A. Ciechanowski, Esq. or one of the business attorneys at Doherty, Ciechanowski, Dugan & Cannon, P.C.

Attorney Steven Weil at Norfolk Probate & Family Court

DCDC Law — Fri, 15 Mar 2013 13:40:49 +0000

Attorney Steven Weil will be serving as Lawyer for the Day at Norfolk Probate & Family Court on March 18, 2013. The Lawyer for the Day Program has an attorney who volunteers and delivers services on their scheduled day, and assists the public who arrive in court that day on any matter that may be heard in the Probate and Family Court.

Franklin High School Mock Trial Team Undefeated

DCDC Law — Mon, 04 Mar 2013 22:46:00 +0000

Congratulations to the Franklin High School Mock Trial Team coached by Franklin High School teacher Michael Walsh. Attorneys Michael Doherty, Peter Paulousky and Lori Drayton helped coach the team this year. The team is undefeated in the Massachusetts Bar Association Mock Trial completion which began with over 140 teams.

On Thursday, March 7, 2013, the team will participate in the ‘Sweet 16’ competition at the Framingham District Court in Framingham, Massachusetts.

February 26, 2013 – Financial Literacy Program

DCDC Law — Mon, 25 Feb 2013 15:32:10 +0000

On February 26^th and February 28^th, Attorney Steven D. Weil will participate in the M. Ellen Carpenter Financial Literacy Program at Sharon High School. The Program is a joint project of the Boston Bar Association and the United States Bankruptcy Court for the District of Massachusetts to teach high school students about credit, personal finance, and smart financial choices, both in the classroom and in a special field trip to the Bankruptcy Court.

How To Sign On Behalf Of A Corporation Or LLC

DCDC Law — Tue, 22 Jan 2013 15:07:16 +0000

One of the reasons most business owners form a corporation or limited liability company is to avoid personal liability for the liabilities of the business. Unfortunately, many business owners expose themselves to personal liability by not properly identifying the business when they sign agreements. It defeats the purpose of forming the business entity if Joe Smith forms his business as XYZ, Inc. but then signs a contract with a supplier as simply “Joe Smith”. In order to maintain the benefit of the separate entity and avoid personal liability, the business owner should sign contracts, proposals, agreements and any other documents for a business as follows:

When entering into an agreement on behalf of a corporation:

[NAME OF CORPORATION – e.g. XYZ, Inc.]

By:

[Your Name], President

When entering into an agreement on behalf of a limited liability company:

[NAME OF LLC- e.g. ABC, LLC]

By:_____________________________

[Your Name], Manager

Business owners should also include the name of their corporation or limited liability company on their letterhead and email signature block. The goal is to make sure that those with whom you communicate know that they are dealing with a business entity and not an individual. If you have any concerns regarding business or business litigation matters, please contact Michael P. Doherty or one of the other business attorneys at Doherty, Ciechanowski, Dugan &Cannon, P.C.

This blog is for informational purposes only. It should not be considered legal advice. All those who read this blog should seek the advice of a professional before taking action based upon any information provided herein.