Fratea v. Unitrends, Inc., et al. (Lawyers Weekly No. 09-062-17)
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. The Release states in relevant part that Fratea releases Unitrends and its officers and agents (defined as the “Releasees”) from all claims: …arising out of or in connection with (i) your employment with [Unitrends] or termination thereof; (ii) any and all federal, state or local law, constitution or regulation regarding either employment, employment benefits…(iii) any Massachusetts state or local laws respecting employment, including but not limited to, the Massachusetts Wage Payment Act (M.G.L.c. 149 148)…(iv) breach of contract (express or implied) or breach of the implied covenant of good faith and fair dealing…(vi) any other tort, statutory or common law cause of action. ¶ 2(a) of Agreement. As consideration for this Release, Fratea acknowledged the receipt of $ 1,875 in “Separation Pay.” Under a section entitled “Representations,” Fratea acknowledged that this payment represents “complete and unconditional payment, settlement, accord and/or satisfaction with respect to all obligations and liabilities of the Releasees to You [Fratea] including, without limitation, all claims for back wages” and that all compensation owed by the company to the plaintiff has been paid in full. ¶ 4 of Agreement. Section 18 contains a similar acknowledgment, stating that the Separation Pay is in ‘full settlement of all possible claims you might have or ever had, against the Company” and that in executing the Agreement, Fratea is specifically agreeing to the Release. The Agreement by its terms gave Fratea fourteen days to consider it and at the end of the document, states in bold face and all capital letters that he should […]