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MacLean v. Td Bank, N.A.

United States District Court, D. Massachusetts

July 14, 2014

DOUGLAS J. MACLEAN, Plaintiff,
v.
TD BANK, N.A., Defendant.

ORDER ON DEFENDANT TD BANK N.A.'S MOTION TO DISMISS (Docket No. 11) AND PLAINTIFF DOUGLAS J. MACLEAN'S MOTION FOR SUMMARY JUDGMENT (Docket No. 13)

TIMOTHY S. HILLMAN, District Judge.

Introduction

Douglas J. MacLean ("Plaintiff") brought a claim against TD Bank, N.A. ("Defendant") for violations of M.G.L. c. 148 s. 149 (the "Wage Act"). Defendant filed a motion to dismiss the complaint, and in response Plaintiff filed a motion to amend his complaint, which this Court allowed. Defendant then filed its Motion to Dismiss Plaintiff's First Amended Complaint (Docket No. 11). Plaintiff filed an Opposition and Cross-Motion for Summary Judgment (Docket No. 13). For the reasons set forth below, Defendant's Motion to Dismiss is granted and Plaintiff's Cross-Motion for Summary Judgment is denied as moot.

Facts

Defendant employed Plaintiff from June 1, 1999 until January 6, 2011, the effective date of his layoff, most recently as a Commercial Regional Group Manager II, which is a Senior Management position. On or about October 28, 2010, Commercial-Lending Division Head Walter Owens and Senior Vice President Brian Gervais notified Plaintiff that Defendant had decided to terminate his employment, effective January 6, 2011. Gervais told Plaintiff that he would remain on payroll and should make himself available should anyone require his assistance, but would not be required to report to work. Plaintiff claims he was not permitted to use any paid time off ("PTO") during this time period. Defendant disagrees, claiming that while Plaintiff was asked to remain "on-call" from October 28 through January 6, he was never told he could not use his PTO during this time period.

Defendant afforded Plaintiff PTO benefits, as with all of its employees, in accordance with the terms of the Paid Time Off Policy (the "PTO Policy") contained within its Employee Handbook. The PTO Policy provides, in relevant part:

• "The amount of PTO you accrue is based on your length of service, job grade and standard weekly hours. It is accrued over the twenty-six (26) pay periods from January through December. By the last pay period of the year, you will have earned all of your PTO for that year."
• "Standard weekly hours, job grade, and length of service determine your PTO accrual rate."
• "PTO accrual rate may include fractional rounding differences based on which legacy company administers your payroll."
• A full-time member of Senior Management [such as Plaintiffs accrues 12.31 hours of PTO per pay period with a maximum of 320 hours (or 40 days) per year.
• "At no time can you have more than five (5) carryover PTO days in a calendar year. If you have unused PTO at the end of a calendar year, you can carry up to five (5) days, or equivalent standard weekly hours, of this time as PTO for the new calendar year."
• "Exempt Employees are responsible for reporting PTO days used on a timely basis throughout the year. If an exempt Employee does not report used PTO days by a designated day at the close of the calendar year, no PTO days will be carried over into the new calendar year, or paid out upon termination."
• "You will receive payment for earned, but unused PTO, for the current calendar year, as well as any carryover PTO (maximum of five (5) days at any given time) when your employment terminates with TD Bank.... Exempt Employees will be paid for carryover PTO only if this information had been reported to Payroll by a designated day in the previous calendar year."
• "You will earn PTO accrual in the last pay period worked if you are paid fifty percent (50%) or more of your standard weekly hours in that pay period. If you are paid less than fifty percent (50%) of your standard hours ...

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