BTG Files Lawsuit on Behalf of Caregiver Alleging Failure to Pay for Years of Around-the-Clock In-Home Care
The Business Trial Group (“BTG”) filed a lawsuit in Essex County, Massachusetts, against Mark Fagan and Joanne Fagan, alleging that Eugenia Subero has not been fully paid for more than seven years of 24-7 in-home care she provided to the defendants’ mother, an elderly dementia and Alzheimer’s patient. The lawsuit asserts damages for unpaid compensation in excess of $560,000.
The Complaint Alleges Underpayment for Years of Work
According to the Complaint, beginning in 2012, the defendants’ mother moved in to Mrs. Subero’s home, so she could receive 24-hour, 7 day-a-week care. In exchange for caring for the defendants’ mother, in addition to her regular weekly compensation, Mrs. Subero states that she was to receive $1,500 per week of care, to be paid upon the defendants’ mother passing. The Complaint attaches a signed writing memorializing this agreement, dated January of 2013.
For more than seven years, the defendants’ mother lived in Mrs. Subero’s home and was provided around-the-clock care. The Complaint alleges that during this time Mrs. Subero received no vacation time, sick days, health benefits, or retirement. The Complaint states that after the defendants’ mother passed away in Mrs. Subero’s home in January of 2020, the defendants refused to compensate Mrs. Subero for her services.
The Lawsuit Against Mark Fagan and Joanne Fagan
Mrs. Subero hired the Business Trial Group to file suit for unpaid compensation for giving nearly a decade of her life – missing numerous milestones and family events – in order to be available 24-7 to feed, change, and care for the defendants’ mother. The lawsuit is being defended by Mark Fagan, who is listed as a lecturer at the Harvard Kennedy School, and Joanne Fagan, who resides in Colorado, as the co-Personal Representatives of the Estate of Alvin Fagan.
The Complaint alleges that, upon their mother’s passing, defendants breached the contract by refusing to pay Mrs. Subero for the in-home care she provided for more than seven years, an amount exceeding $560,000. The Complaint also asserts a claim for back wages and unpaid overtime, pursuant to Mass. G.L. c. 151. Mrs. Subero has requested a jury trial so that her peers can view the evidence and determine what amount she is owed for her work.
Experienced Breach of Contract Attorneys
If you did not receive compensation that you are contractually entitled to — whether the contract is written or oral — the Business Trial Group may be able to help. Our business attorneys have extensive experience working with clients to help recover compensation owed for contract breaches. Importantly, we only represent individuals and companies that assert they were not paid for their work – we do not defend perpetrators of wage violations.
The Business Trial Group works on a contingency basis, which means our clients pay no retainer or hourly fees, and no fees whatsoever until we successfully resolve your case. For a free case review, get in touch with the Business Trial Group by using our contact form or call (888) 251-2668.
