Employment – Retaliation – Wage Act

Employment – Retaliation – Wage Act

Where a plaintiff has filed a Massachusetts Wage Act suit claiming to be owed a $155,000 commission, a count for the unpaid commission claim under the Wage Act must be dismissed the parties’ employment agreement expressly stipulates that the decision on payment is left solely to “the employer's discretion,” but a retaliation count should not be dismissed, as the plaintiff has pleaded plausibly that he was terminated because he complained about t…