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Superior Court of Massachusetts, At Essex
June 18, 2015, Decided
Opinion No.: 131234, Docket Number: ESCV2015-00017
MEMORANDUM OF DECISION AND ORDER ON DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS
This action arises out of the termination of the Plaintiff, Kenneth Littlefield's ("Littlefield") employment by his ex-employer, Adcole Corporation ("Adcole"). Littlefield alleges that Adcole and the individual defendants (collectively the "Defendants") failed to compensate him for his accrued wages as well as his accrued vacation time on the date of his termination in violation of the Massachusetts Wage Act, G.L.c. 149, §148. Littlefield brought the instant action seeking treble damages for lost wages as well as reasonable attorneys fees and costs pursuant to G.L.c. 149, §150, against the Defendants. The Defendants have moved for judgment on the pleadings pursuant to Mass.R.Civ.P. 12(c). For the reasons set forth below, the Defendants' motion for judgment on the pleadings is ALLOWED.
The material facts in this case are uncomplicated and undisputed.2 Between October 26, 1999 and November 12, 2014, Littlefield was employed by Adcole as Director of Human Resources. On August 27, 2014, Littlefield was informed that his employment at Adcole would be terminated, with the effective [*2] date to be determined. On October 23, 2014, Littlefield was informed that his termination date was slated for November 12, 2014.
At the time of his termination, Littlefield had accrued five hundred twenty-two (522) hours of unused vacation time, which he was to be paid for upon termination under Adcole company policy. Additionally, at the time of his termination on November 12, 2014, Littlefield was owed wages for pay periods of November 2, 2014 through November 8, 2014 and November 9, 2014 through November 15, 2014. The amount Littlefield was allegedly owed on his termination date was $30,090.27 in unused vacation, $1,844.61 for the pay period ending November 8, 2014, and $1,383.46 for the pay period ending November 12, 2014.
On November 10, 2014, Adcole processed a payroll check in the amount of $1,844.61 to Littlefield for the pay period ending November 8, 2014, which was deposited in Littlefield's account on November 13, 2014. On November [*3] 17, 2014, Adcole processed a payroll check in the amount of $1,844.61 to Littlefield for the pay period ending November 15, 2014, which was deposited in Littlefield's account on November 20, 2014. On November 23, 2014, Adcole processed a payroll check in the amount of $30,090.27 as compensation for his accrued vacation time, which was deposited in Littlefield's account on November 26, 2014. The parties do not dispute that none of the above discussed payments were made on November 12, 2014—the date of Littlefield's termination.
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2015 Mass. Super. LEXIS 83 *; 32 Mass. L. Rep. 706
Kenneth E. Littlefield v. Adcole Corporation et al.1
termination, wages, pleadings, benefits, trebled, motion for judgment, treble damages, lost wages, filing of the complaint, attorney's fees, pay period, tardy
Civil Procedure, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Judgments, Pretrial Judgments, Judgment on Pleadings, Business & Corporate Compliance, Labor & Employment Law, Wage & Hour Laws, Wage Payments, Labor & Employment Law, Remedies, Costs & Attorney Fees, Damages, Private Suits, Defenses, General Overview, Pleadings, Complaints