Jonathan R. Roth

Donvan Hatem, LLP
  • Business Law, Real Estate Law, Estate Planning
  • Massachusetts
Claimed Lawyer ProfileQ&A
Practice Areas
  • Business Law
  • Real Estate Law
  • Estate Planning
Jurisdictions Admitted to Practice
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Professional Experience
Of Counsel
Donvan Hatem, LLP
- Current
Of Counsel
Glick and Associates
President and Executive Director
Leavesden Development LTD
Acted as Chief Operating Officer and then Chief Financial Officer and General Counsel for Leavesden Developments Ltd, a UK private company that was engaged in the development of 284 acres in the Watford Area that included a Movie Studio which is now owned and operated by Warner Bros. Studios.
Massachusetts Institute of Technology
M.S. (1989) | Business
Honors: Sloan Fellow
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Wayne State University Law School
J.D. (1976)
Honors: Order of the Coif
Activities: Moot Court
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Professional Associations
Massachusetts Bar Association
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Websites & Blogs
Legal Answers
147 Questions Answered

Q. When two companies decide to merge, what financial information are they legally obligated to disclose to each other?
A: In any transaction each party should disclose any material information that might impact the other party's decision to move forward. Generally, each company should disclose their financial information and any known potential liabilities such as potential lawsuits, potential liabilities for recalls of products. There should be a discussion of the retention of key employees and whether licenses held by one company or the other can be assigned without the consent of the owner of the license. The same applies to longer term customer contracts or supply contracts that may not be assignable or may not be assigned without the customer or supplier consent. All of these things could be and usually are material and should be disclosed. A company that is serious about merger needs to do a careful due diligence.
Q. My son wants to purchase part of the family business from his brother
A: There are a number of ways to do this but the two most common are: 1. have someone independently value the stock being purchased without adjustment for minority ownership or lack of control (there are a variety of ways to deal with selection of who values the business); 2. look at any stockholder agreement that exists for how it determines value; If they can't agree upon price of the stock, are they going to be able to work together? Are both sons going to work in the business and is one going to have less ownership than the other? Also, if the family business is owned by multiple family members you need to consider the impact of what is transpiring now. To give a really good and thoughtful recommendation more information is needed.
Q. What's the first step to evaluating a franchise? What should I look out for?
A: First determine the reputation of the organization. Analyze what the costs are and what the training provides. Ask to talk to existing franchisees or simply go to a relatively close franchisee and speak to them. Check to see if they are registered in your state and if there are pending complaints against them. There is a very good article written by Susan Adams on things to look at before you buy a franchise. I recommend you read it.
Q. is there anything I can do?
A: The question involves a lot of complex issues. However without going through a detailed analysis and determining what employment policies your firm has, the answer to can he force you to take a week-off the answer is yes he can lay you off for any reason he wants so long as it does not violate his employment policies that may exist. As for telling everyone what you earn, while that may be a bad policy it is not illegal. To determine what claims you may have and their strength is a lot more information is needed. Even if you have a claim and could file a complaint it will only make your work environment even worse. I suggest you let things calm down and keep your eyes and ears open and keep your comments to a minimum.
Q. If I get fired in MA do I lose my company stock? Is it better to resign or get fired? Can you resign while suspended?
A: It depends if your ownership has vested or not and the reason for the termination. Absent a provision that calls for forfeiture of vested stock for specific reasons, any stock you have that has been vested will be retained. Any non-vested stock will be forfeited.
Q. I was just fired from teaching without any evidence of wrongdoing and I was never given an opportunity to give testimony
A: Unless there is a specific provision at your employer that limits the grounds for termination, you are considered an employee at will and can be terminated for any reason or no reason. I strongly suggest you contact an employment attorney who litigates and meet with her/him to determine what options may be available to you. You have a right to see any comments or statements that are put in your personnel file. You have to make that demand in writing. The employer must provide that information.
Q. Can my employer mandate that I sign a release of all claims because I filed a charge of discrimination with the EEOC?
A: If this is part of a Settlement of your claim, then he can make it a condition of settlement. It is up to you whether you sign it or not.
Q. Can I sue?
A: Contact an attorney who specializes in suits under the American's with Disabilities Act. You can call the Boston Bar Association or the Massachusetts Bar Association for a free referral. It would seem that the Company has terminated you for an invalid reason. One issue is however if you were a probationary employee, meaning you worked for the Company less than 90 days.
Q. Does Massachusetts state law require employers to pay an employee for their accumulated sick time?
A: Any accrued vacation pay is required to be paid. Accumulated sick pay is not required under MA law unless the employer has a stated policy to that effect.
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57 West Street Suite 2G
Salem, MA 01970