SOMERS v. CONVERGED ACCESS, INC.

SJC-10347

454 Mass. 582 (2009)

ROBERT SOMERS v. CONVERGED ACCESS, INC., & another.

Supreme Judicial Court of Massachusetts, Middlesex.

August 21, 2009.


Attorney(s) appearing for the Case

Harold L. Lichten (Shannon Liss-Riordan with him) for the plaintiff.

Karla E. Zarbo, Assistant Attorney General, for the Commonwealth.

Christopher R. O'Hara (Matthew J. Fogelman with him) for the defendants.

Donald Siegel & Nicole Horberg Decter, for Massachusetts Building Trades Council & another, amici curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.


GANTS, J.

The plaintiff, Robert Somers, twice applied for full-time employment with Converged Access, Inc. (CAI), but neither application resulted in a job offer. He later agreed to work for CAI on a temporary basis as an "independent contractor." After CAI terminated his contract and did not respond to his third application seeking permanent employment, the plaintiff filed suit in the Superior Court against CAI and its chief executive officer and president, Per Suneby...

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