Attorney Rosie Tootell Successfully Causes Dismissal of Wage Act Claim Asserted by Former CEO

For Immediate Release

Attorney Rosemary Tootell successfully causes dismissal of Wage Act claim asserted by former CEO

July 25, 2023 (Essex Superior Court)

Fletcher Tilton Litigation Attorney, Rosemary Tootell, successfully argued a motion to dismiss Wage Act claims brought against the firm’s cannabis dispensary client. The pending action involves counterclaims asserted by a former employee and Chief Executive Officer, within the context of a separation agreement which had been negotiated and executed between the parties.  The company filed suit, alleging that the former employee had breached the separation agreement and violated certain confidentiality provisions; and the former employee asserted counterclaims, including an allegation that the company had failed to remit all wages due him.  Attorney Tootell took the position that severance payments are not wages, as a matter of law.  After substantive briefing, including arguments by Attorney Tootell that Wage Act claims under M.G.L. c. 149, § 148 are not recoverable under separation or severance agreements, the Superior Court (Karp, J.) ordered that the Wage Act claims be DISMISSED.

For reference, see: Greenbox Direct LLC v. Zachary Johnson et al, No. 2022-00978, Essex Superior Court