COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, ss.                                                                                         SUPERIOR COURT

                                                                                                                  SUCV2016-3182 BLS 2

 MICHAEL FRATEA, on behalf of himself

And all others similarly situated,

Plaintiff

vs.

  UNITRENDS, INC., BRADLEY MILLER, and PAUL BRADY

Defendants

MEMORANDUM OF DECISION AND ORDER

 ON DEFENDANTS’ MOTION TO DISMISS

This is an action alleging both statutory and common law claims for failure to pay overtime compensation.  In particular, the plaintiff alleges violations of the Massachusetts Wage Act, G.L.c. 149 § 148, and the Massachusetts Fair Wages Act, G.L.c. 151 § 1A and § 1B.  Plaintiff Michael Fratea was a salesman for the defendant Unitrends from December 2015 until March 2016, when he left the company.  On his last day of employment, Fratea received a separation agreement (the Agreement) containing a Release of all claims in exchange for a lump sum payment of $ 1,875.  He signed and returned the Agreement to the company one week later.  See Declaration of Lisa Crawford and Exhibit A attached thereto.[1]  The defendants now move to dismiss the Complaint on the basis of this Release.  This Court concludes that the Motion must be ALLOWED. read more