United States District Court, D. Massachusetts
DR. J. DAVID GOLUB, Plaintiff,
NORTHEASTERN UNIVERSITY, Defendant.
MEMORANDUM AND ORDER ON DEFENDANT'S MOTION TO
DISMISS AND PLAINTIFF'S CROSS-MOTION TO AMEND THE
ALLISON D. BURROUGHS U.S. DISTRICT JUDGE.
David Golub (“Golub”) previously worked part-time
at Northeastern University's (“Northeastern”)
College of Professional Studies as a Master Teacher and Lead
Instructor for the Accounting and Tax Program. In October
2017, Golub was informed that Northeastern would no longer be
needing his part-time services as the Master Teacher, because
it had hired a new fulltime faculty member. Golub filed the
instant complaint in which he alleges that Northeastern's
decision to terminate his part-time employment as Master
Teacher was age discrimination, in violation of the Age
Discrimination in Employment Act (“ADEA”), and
constituted a breach of contract, breach of the implied
covenant of good faith and fair dealing, and promissory
estoppel. [ECF No. 1]. Northeastern has moved to dismiss the
complaint, [ECF No. 10], and Golub has cross-moved to amend,
[ECF No. 20].
reasons that follow, Northeastern's motion to dismiss
[ECF No. 10] is GRANTED, and Golub's
cross-motion to amend [ECF No. 20] is DENIED. Counts
1 and 2, which allege violations of the ADEA, are dismissed
with prejudice. Golub is given leave to amend his complaint
regarding his state law claims, listed in Count 3. Although
there appears to be complete diversity, as Golub is domiciled
in New Jersey, the complaint fails to establish that there
was a contract and that the amount in controversy exceeds
$75, 000. See [ECF No. 1].
purposes of this motion, the facts are viewed in the light
most favorable to Golub and are drawn from the complaint [ECF
No. 1], the proposed amended complaint [ECF No. 21-1], and
relevant referenced documents.
alleges that he started working part-time for
Northeastern's College of Professional Studies
(“College”) in 2010, where he was a Master
Teacher and Lead Instructor for the Accounting and Tax
Program, which included a non-benefits eligible stipend of
$5, 000 per year. [ECF No. 1 at 1-2; ECF No. 11-5 at 2]. His
work included appointment as a part-time lecturer in the
College. [ECF No. 21-1 at 37]. The lecturer position was not
paid, but rather signified eligibility to receive assignments
to teach courses for which Golub would have been compensated.
[Id.]. Since 2014, he has applied for a number of
academic positions at Northeastern that he believes he is
highly qualified for, but has not received any interviews or
offers. [Id. at 6].
October 8, 2017, Golub received an email from the College
informing him that it had concluded a search for a new
full-time faculty member and that it would no longer require
his part-time services. [Id. at 3; ECF No. 11-1].
Golub alleges that he stopped being compensated in January
2018, instead of receiving payment through August 2018, as he
would have under the original Master Teacher offer. [ECF No.
1 at 5].
completed an Equal Employment Opportunity Commission
(“EEOC”) online questionnaire (“Intake
Questionnaire”) in February 2018 to inquire about the
necessary steps for filing a charge of discrimination. [ECF
No. 1 at 7; ECF No. 1-1 at 17]. On February 16, 2018, the
EEOC emailed Golub a notice of a scheduled interview. [ECF
No. 1-1 at 16]. That notice also included the following
ANSWERING THESE QUESTIONS IS NOT THE SAME AS FILING A
CHARGE OF DISCRIMINATION.
A charge of discrimination is a signed statement asserting
that an organization engaged in employment discrimination. It
requests EEOC to take remedial action. The laws enforced by
EEOC . . . require you to file a charge before you
can file a lawsuit for unlawful discrimination. There are
strict time limits for filing a charge.
[Id. (emphasis in original)]. In March 2018,
Golub's claim was transferred from the EEOC office in
Newark to its office in Boston, because Northeastern was not
under the Newark office's jurisdictional authority.
[Id. at 15].
2018, Golub again received an offer for another appointment
as a part-time lecturer in the College, [ECF No. 1 at 5; ECF
No. 21-1 at 40], but was not offered the Master Teacher
position, [ECF No. 1 at 5]. Since May 2018, he has not been
assigned any courses to teach and therefore has not received
any compensation. [Id.].
November 14, 2018, the EEOC informed Golub that he had failed
to sign his correspondence and, as a result, no formal charge
had been filed. [ECF No. 1-1 at 11]. The EEOC told him that
“[t]hese steps are necessary if you wish to file a
charge, ” [id. (emphasis in original)],
and that he should review and sign the correspondence quickly
because of the strict timelines regarding filing a charge,
November 19, 2018, Golub filed his charge with the EEOC,
alleging that Northeastern's termination of his part-time
employment as a Master Teacher was based on age
discrimination in violation of the ADEA. [Id.].
December 17, 2018, the EEOC issued a Dismissal and Notice of
Rights. [Id. at 1, 3]. The notice informed Golub
that the EEOC was unable to conclude that his employment was
terminated in violation of federal law. [Id. at 1].
It noted that “it [wa]s unlikely that the EEOC would
find a violation of federal law on the part of [Northeastern]
if it invested additional resources.” [Id.].
Golub asked that the EEOC reconsider its final determination,
but the EEOC declined. [ECF No. 1-1 at 7]. Because Golub
never filed a charge concerning Northeastern's alleged
failure to hire, the “EEOC did not address the age
discrimination claim on the basis of [Northeastern's]
refusal to interview, discuss, consider or hire for an
alternative faculty position.” [ECF No. 1 at 7].
filed this complaint on March 14, 2019, [ECF No. 1], alleging
(1) a violation of the ADEA by Northeastern when it
terminated his employment (Count 1); (2) a violation of the
ADEA by Northeastern when it refused to hire him for other
positions (Count 2); and (3) state law claims including
breach of contract, breach of the duty ...