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COMMONWEALTH OF MASSACHUSETTS
NORFOLK, ss. SUPERIOR COURT
DEPARTMENT OF
THE TRIAL COURT
KELLY WOODS and ROBERT KARLE,
AVARI 14
Plaintiffs,
C. A. No. Wy
v. So
oy
AMEDISYS HOLDING, LLC, 4
om = &e
Defendant. oo
ze
ac
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COMPLAINT
Plaintiffs Kelly Woods and Robert Karle bring this action against their former employer,
Amedisys Holding, LLC, for non-payment of wages in violation of state law.
PARTIES
1 Plaintiff Kelly Woods resides in North Attleboro, Massachusetts.
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2. Plaintiff Robert Karle resides in Canton, Massachusetts.
3 Defendant Amedisys Holding, LLC, (“Amedisys”) is a foreign corporation with a 4
principal office located at 501 Louisiana Avenue, Baton Rouge, LA 70802. i
4 The Defendant employed the plaintiffs.
JURISDICTION
5 This Court has jurisdiction to address this matter pursuant to, inter alia, M.G.L. c.
149,§ 150.
6 The Plaintiffs filed complaints regarding this matter with Massachusetts Attorney
General pursuant to M.G.L. c. 149, § 150.
7. Venue is proper pursuant to M.G.L. c. 223, § 2 because a Plaintiff Karle resides in
an adjacent judicial district.
FACTS
8 Amedisys is a home health, hospice, and personal care service provider.
Ms. Woods’ Unpaid Wage:
9 In or around March 2010, Amedisys hired Plaintiff Kelly Woods as a vice
president of hospice outreach.
10. Ms. Woods worked at Amedisys’ various corporate offices located throughout i
Massachusetts.
Il. Amedisys agreed to pay Ms. Woods an annual salary of $175,000.
12. Amedisys also agreed to provide Ms. Woods with five weeks of paid time off
(“PTO”) each year of her employment.
13. Ms. Woods’ five weeks of PTO accrued in full at the start of each calendar year.
14, On or around February 1, 2021, Amedisys terminated Ms. Woods’ employment.
15, On the date of her termination, Ms. Woods had accrued, but not used, five weeks
of PTO, the equivalent of approximately $16,826.92.
16. Despite her repeated requests, Amedisys failed to pay Ms. Woods her accrued,
unused PTO on the date of her termination, or at any point thereafter.
17. To date, Amedisys owes Ms. Woods $16,826.92 in unpaid PTO.
Mr. Karle Unpaid Wage:
18. In or around April 2015, Amedisys hired Plaintiff Robert Karle as a vice president
of hospice outreach.
19. Mr. Karle worked from his home in Canton, Massachusetts.
i
20. Mr. Karle managed an Amedisys branch in Bedford, New Hampshire.
21. Amedisys agreed to pay Mr. Karle an annual salary of $154,000, plus periodic
merit bonuses.
22. Amedisys also agreed to provide Mr. Karle with five weeks of PTO each year of
his employment.
23. Mr. Karle’s five weeks of PTO accrued in full at the start of each calendar year.
24. On or around February 1, 2021, Amedisys terminated Mr. Karle’s employment.
25. On the date of his termination, Mr. Karle had accrued, but not used, five weeks of
PTO, the equivalent of approximately $14,807.69.
26. Despite his repeated requests, Amedisys failed to pay Mr. Karle his accrued,
unused PTO on the date of his termination, or at any point thereafter.
27. To date, Amedisys owes Mr. Karle $14,807.69 in unpaid PTO.
CAUSE OF ACTION
- Count I-
NON-PAYMENT OF EARNED WAGES IN VIOLATION OF M.G.L. c. 149, §§ 148, 150
28. Plaintiffs hereby reallege and incorporate by reference the facts and allegations
contained in the preceding paragraphs of this pleading as if fully set forth herein.
29. M.GLL. c. 149 § 148 mandates the timely payments of all earned wages.
30. M.G.L. c. 149, § 148 provides, in relevant part:
Every person having employees in his service shall pay weekly or bi-weekly each
such employee the wages earned by him to within six days of the termination of
the pay period during which the wages were earned... . and any employee
discharged from employment shall be paid in full on the day of his discharge .. .
31 M.GLL. c. 149, § 148 further provides:
The word “wages” shall include any holiday or vacation payments
due an employee under oral or written agreement.
32. By failing to timely pay Plaintiffs their accrued and unused PTO, the Defendant
violated the Massachusetts Wage Act, M.G.L. c. 149, §§ 148, 150.
33. The Defendant’s failure to comply with M.G.L. c. 149, §§ 148, 150 entitles
Plaintiffs to recover treble damages, interest, reasonable attorney’s fees, and costs pursuant to
M.GLL. c. 149, § 150.
WHEREFORE, the Plaintiffs requests that the Court enter final judgment against the
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Defendant awarding the Plaintiffs: '
A. Treble damages, interest, reasonable attorney’s fees, and costs pursuant to M.G.L. c.
149, § 150 for the failure to pay earned wages; and
B. Such other relief that the Court deems just.
THE PLAINTIFF DEMANDS A TRIAL BY JURY
Respectfully submitted,
KELLY WOODS and ROBERT KARLE, 4
by their attorneys,
4s/Amber Lee
Amber Lee (BBO No. 698133)
Raven Moeslinger (BBO No. 687956)
Nicholas F. Ortiz (BBO No. 655135)
Law Office of Nicholas F. Ortiz, P.C.
50 Congress Street, Suite 540
Boston, MA 02109
(617) 338-9400
alee@mass-legal.com
Date: October 26, 2021
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\.0 iy | COMMONWEALTH OF MASSACHUSETTS NORFOLK, ss. SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT KELLY WOODS and ROBERT KARLE, AVARI 14 Plaintiffs, C. A. No. Wy v. So oy AMEDISYS HOLDING, LLC, 4 om = &e Defendant. oo ze ac <= COMPLAINT Plaintiffs Kelly Woods and Robert Karle bring this action against their former employer, Amedisys Holding, LLC, for non-payment of wages in violation of state law. PARTIES 1 Plaintiff Kelly Woods resides in North Attleboro, Massachusetts. \ | 2. Plaintiff Robert Karle resides in Canton, Massachusetts. 3 Defendant Amedisys Holding, LLC, (“Amedisys”) is a foreign corporation with a 4 principal office located at 501 Louisiana Avenue, Baton Rouge, LA 70802. i 4 The Defendant employed the plaintiffs. JURISDICTION 5 This Court has jurisdiction to address this matter pursuant to, inter alia, M.G.L. c. 149,§ 150. 6 The Plaintiffs filed complaints regarding this matter with Massachusetts Attorney General pursuant to M.G.L. c. 149, § 150. 7. Venue is proper pursuant to M.G.L. c. 223, § 2 because a Plaintiff Karle resides in an adjacent judicial district. FACTS 8 Amedisys is a home health, hospice, and personal care service provider. Ms. Woods’ Unpaid Wage: 9 In or around March 2010, Amedisys hired Plaintiff Kelly Woods as a vice president of hospice outreach. 10. Ms. Woods worked at Amedisys’ various corporate offices located throughout i Massachusetts. Il. Amedisys agreed to pay Ms. Woods an annual salary of $175,000. 12. Amedisys also agreed to provide Ms. Woods with five weeks of paid time off (“PTO”) each year of her employment. 13. Ms. Woods’ five weeks of PTO accrued in full at the start of each calendar year. 14, On or around February 1, 2021, Amedisys terminated Ms. Woods’ employment. 15, On the date of her termination, Ms. Woods had accrued, but not used, five weeks of PTO, the equivalent of approximately $16,826.92. 16. Despite her repeated requests, Amedisys failed to pay Ms. Woods her accrued, unused PTO on the date of her termination, or at any point thereafter. 17. To date, Amedisys owes Ms. Woods $16,826.92 in unpaid PTO. Mr. Karle Unpaid Wage: 18. In or around April 2015, Amedisys hired Plaintiff Robert Karle as a vice president of hospice outreach. 19. Mr. Karle worked from his home in Canton, Massachusetts. i 20. Mr. Karle managed an Amedisys branch in Bedford, New Hampshire. 21. Amedisys agreed to pay Mr. Karle an annual salary of $154,000, plus periodic merit bonuses. 22. Amedisys also agreed to provide Mr. Karle with five weeks of PTO each year of his employment. 23. Mr. Karle’s five weeks of PTO accrued in full at the start of each calendar year. 24. On or around February 1, 2021, Amedisys terminated Mr. Karle’s employment. 25. On the date of his termination, Mr. Karle had accrued, but not used, five weeks of PTO, the equivalent of approximately $14,807.69. 26. Despite his repeated requests, Amedisys failed to pay Mr. Karle his accrued, unused PTO on the date of his termination, or at any point thereafter. 27. To date, Amedisys owes Mr. Karle $14,807.69 in unpaid PTO. CAUSE OF ACTION - Count I- NON-PAYMENT OF EARNED WAGES IN VIOLATION OF M.G.L. c. 149, §§ 148, 150 28. Plaintiffs hereby reallege and incorporate by reference the facts and allegations contained in the preceding paragraphs of this pleading as if fully set forth herein. 29. M.GLL. c. 149 § 148 mandates the timely payments of all earned wages. 30. M.G.L. c. 149, § 148 provides, in relevant part: Every person having employees in his service shall pay weekly or bi-weekly each such employee the wages earned by him to within six days of the termination of the pay period during which the wages were earned... . and any employee discharged from employment shall be paid in full on the day of his discharge .. . 31 M.GLL. c. 149, § 148 further provides: The word “wages” shall include any holiday or vacation payments due an employee under oral or written agreement. 32. By failing to timely pay Plaintiffs their accrued and unused PTO, the Defendant violated the Massachusetts Wage Act, M.G.L. c. 149, §§ 148, 150. 33. The Defendant’s failure to comply with M.G.L. c. 149, §§ 148, 150 entitles Plaintiffs to recover treble damages, interest, reasonable attorney’s fees, and costs pursuant to M.GLL. c. 149, § 150. WHEREFORE, the Plaintiffs requests that the Court enter final judgment against the | Defendant awarding the Plaintiffs: ' A. Treble damages, interest, reasonable attorney’s fees, and costs pursuant to M.G.L. c. 149, § 150 for the failure to pay earned wages; and B. Such other relief that the Court deems just. THE PLAINTIFF DEMANDS A TRIAL BY JURY Respectfully submitted, KELLY WOODS and ROBERT KARLE, 4 by their attorneys, 4s/Amber Lee Amber Lee (BBO No. 698133) Raven Moeslinger (BBO No. 687956) Nicholas F. Ortiz (BBO No. 655135) Law Office of Nicholas F. Ortiz, P.C. 50 Congress Street, Suite 540 Boston, MA 02109 (617) 338-9400 alee@mass-legal.com Date: October 26, 2021