BUSINESS LITIGATION

Breach of Contract

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We are surrounded by contractual relationships:

  • purchasing anything is contractual (cars, food, houses, gasoline, electricity)
  • insurance is a contractual assumption of risk
  • banking and credit involve contractual promises to secure funds, pay interest, and repay borrowed monies


Contracts do not simply recite a "meeting of the minds," they also create private law. Our statutory framework and common law gap fill areas unaddressed by agreements and provide conditions establishing the validity of a contract and excuses for disregarding contractual terms.  Breaking these legal promises or assembling invalid agreements are deeply problematic and the cause of many lawsuits


Whether accused of violating the terms of an agreement or impacted by another's breach of contract, a business lawyer with trial experience is indispensable.

Wage & Hour

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Massachusetts statutes provide significant penalties for employers that don't strictly comply with the Wage Act. These problems often arise from a misunderstanding of compensation requirements, such as:

  • misclassifying employees as exempt and paying on a salary basis instead of hourly
  • non-payment of overtime or premium pay
  • non-payment of certain earned time and wages at time of employment termination
  • minimum wage violations for commission-based workers
  • withholding prevailing wages for work on public projects


An employee prevailing in a lawsuit for unpaid wages receives 300% of the amount owed, plus attorney's fees and costs of litigation. Statutory interest of 12% is added to wages owed. Further, the Attorney General's Office may impose additional penalties.


Attorney Walckner has represented companies and unpaid workers in court and in the course of investigations by the Attorney General's Fair Labor Division.

Collections

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Unpaid receivables is a problem every business comes to eventually encounter. Some businesses frequently accumulate many unpaid accounts and require help collecting on those accounts. Depending on the nature of the business/customer relationship, collection efforts may involve a formal demand for payment, commencement of a lawsuit, or arbitration if required by the underlying agreement.


A shortfall of many outside corporate attorneys is an inability to understand the greater business interests of a company. With the right approach, sometimes business relationships are salvaged while working a solution to fulfill the outstanding obligation. Having counsel that understands the greater business needs while pursuing delinquent receivables can often lead to resolution short of litigation. The objective is to secure payment for the business while preserving the company's good name.