Joel Weiss v. Loomis Sayles & Co.

Analysis Group was retained by Foley Hoag on behalf of Loomis Sayles, a financial investment management firm and the defendant in an employment litigation brought by a former information technology (IT) service provider, Joel Weiss. Weiss formed JoSol, an IT consulting company that provided software development services to Loomis through a third-party, Eliassen Group. Weiss alleged that Loomis misclassified him as an independent contractor and that he was entitled to damages for lost employee benefits.

Analysis Group Vice President Shannon Seitz led a team that supported Managing Principal Jee-Yeon Lehmann, who opined on the economic context in which Loomis engaged Eliassen Group for technology services provided by Weiss. Dr. Lehmann testified on the value of the IT consulting industry, the role of technology services providers, and the compensation structures of external consultants and employees.

A jury in Massachusetts Superior Court decided in Loomis’s favor, finding that Weiss lacked standing to bring a misclassification claim because he performed services through legitimate business entities (JoSol and Eliassen Group). The verdict marked an important clarification of the application of the Massachusetts independent contractor statute in the context of business-to-business relationships.

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