Where a plaintiff has alleged that the defendant, his former employer, misclassified him as an independent contractor and failed to pay him earned wages and overtime, those counts must be dismissed based on a general release contained in the job offer the plaintiff accepted.
“Plaintiff Kevin Patrick Lynch (‘plaintiff’ or ‘Lynch’) alleges that his former employer, Enlighten Software Inc. (‘defendant’ or ‘Enlighten’), misclassified him as an independent contractor, failed to pay him earned wages and overtime, and retaliated against him by interfering with his ability to obtain new employment. His four-count complaint asserts claims under the Massachusetts Wage Act, M.G.L. ch. 149, §148 et seq., (‘the Wage Act’), and under the Massachusetts overtime pay statute, M.G.L. ch. 151, §1A et seq. Pending before the Court is defendant’s motion to dismiss Counts I, II and III of the complaint. For the reasons that follow, the motion will be allowed. …
“In March, 2020, Enlighten offered Lynch full-time employment as a salaried employee (‘the Offer’) which he accepted. At that time, plaintiff also accepted an offer for a discretionary bonus in the amount of $45,000 in exchange for a general release of claims including, inter alia, any wage or employment claims arising out of his relationship with Enlighten up until that point (‘the Release’). The Release did not refer to any specific disputes between the parties. …
“Defendant contends that Counts I, II and III should be dismissed...
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