In a Massachusetts Lawyers Weekly article, employment partner Greg Demers examined a recent U.S. District Court decision in Rooney v. Leerink Partners LLC, et al. that—among other things—found that ERISA did not preempt Wage Act claims brought by a terminated investment banking executive against her former employer over its alleged failure to pay her guaranteed bonuses pursuant to her employment contract.
In the article, Greg explains that it is not uncommon for employees to raise concerns related to compensation at some point prior to their separation, and the ability to get past a motion to dismiss on these few facts creates risk for employers, especially if the plaintiff does not need to tie the protected activity to an underlying Wage Act claim.
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