Posts tagged "Conway"

Conway v. CLC Bio, LLC (Lawyers Weekly No. 11-061-15)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   14-P-350                                        Appeals Court   DANIEL CONWAY  vs.  CLC BIO, LLC. No. 14-P-350. Middlesex.     December 10, 2014. – June 12, 2015.   Present:  Kantrowitz, Green, & Sullivan, JJ.     Arbitration, Judicial review, Award, Authority of arbitrator.  Massachusetts Wage Act.       Civil action commenced in the Superior Court Department on February 17, 2012.   A motion to vacate an arbitration award was heard by Douglas H. Wilkins, J., and judgment was entered by him.     David B. Summer for the plaintiff. Michelle Y. Bush for the defendant.     SULLIVAN, J.  The plaintiff, Daniel Conway (Conway), appeals from the denial of his motion to vacate an arbitration award, see G. L. c. 251, § 12, concerning a claim for unpaid wages under The Wage Act.  See G. L. c. 149, §§ 148, 150 as amended by St. 2009.  We affirm, and in so doing, reiterate the standard of review applicable to complaints to vacate a commercial arbitration award. Background.  To place our discussion in context, we set forth the facts found by and rationale of the arbitrator.  Conway was employed by the defendant, CLC Bio, LLC (CLC), a bioinformatics company, from October, 2007, until his termination in January, 2012.  Conway’s employment at CLC was governed by an employment contract that provided for his base salary and potential bonus payments or commissions.[1]  The contract also contained an arbitration clause that mandated arbitration of “any dispute or controversy arising out of or relating in any way to [Conway’s] employment with and/ or termination from [CLC].”[2] Conway’s employment at CLC was terminated on January 12, 2012.  On January 18, 2012, CLC sent Conway a letter offering to pay severance and outstanding bonus payments to Conway in exchange for a release of claims.  Conway failed to respond, but CLC tendered $ 30,325 in bonus payments to Conway on March 1, 2012, payments which included a $ 10,990 Individual Sales Bonus (ISB).  In the interim, on February 17, 2012, Conway filed a complaint against CLC in a Superior Court, alleging breach of contract, breach of the covenant of good faith and fair dealing, and violations of the Wage Act stemming from claims for severance pay, unpaid vacation time, and future and late-paid commissions.  CLC moved to stay the proceedings and compel arbitration pursuant to the arbitration provision in Conway’s employment contract.  See G. L. c. 251, § 1, as appearing in St. 1991, […]

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Posted by Massachusetts Legal Resources - June 12, 2015 at 8:15 pm

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