Lawsuit targets Jani-King in Massachusetts

By Hoang Tran | Nov 6, 2015

PROVIDENCE, R.I. — A number of people who did cleaning work for a company in Massachusetts are suing the business, alleging misrepresentation and violation of wage laws.

John Fuller, Maqunair Rodrigues de Freitas and Adilson Dos Santos, on behalf of themselves and all others similarly situated, filed a class-action lawsuit in the Rhode Island District Court on Oct. 19 against Syatt Franchising, Inc., which does business as Jani-King of Greater Rhode Island, Jani-King International and Jani-King, Inc. The plaintiffs are alleging wage violations, unjust enrichment and misclassification as independent contractors.

They argue that they have been subjected to systemic misrepresentations and breaches of contract by Jani-King. Most notably, the plaintiffs allege that Jani-King purports to sell cleaning “franchises” knowing it does not have sufficient business to satisfy its obligation under its franchise agreements. Individuals must purchase these “franchises” for substantial sums of money, based on Jani-King’s misrepresentation about guaranteed monthly income the franchises will provide. This alleged pay-for-work scheme violates the Massachusetts Wage Laws. Furthermore, Jani-King has allegedly classified the plaintiffs as independent contractors, thereby denying them benefits to which they are entitled as employees.

The plaintiffs are seeking damages, declaratory and injunctive relief, attorneys fees, and recision of any written contracts with Jani-King, as well as an injunction to prevent the defendant from continuing the actions.  They are represented by Peter N. Wasylyk of the Law Offices of Peter N, Wasylyk in Providence, Rhode Island; James W. Simpson, Jr. of the Law Offices of James Simpson, PC in Framingham, Massachusetts; and Shannon Liss-Riordan of Litchen & Liss-Riordan, PC in Boston, Massachusetts.

U.S. District Court, Rhode Island District Court Case number 1:15-cv-00438-M-LDA

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