Evans v. Maxx

19 Mass. L. Rptr. 129
CourtMassachusetts Superior Court
DecidedFebruary 15, 2005
DocketNo. MICV200304501A
StatusPublished
Cited by1 cases

This text of 19 Mass. L. Rptr. 129 (Evans v. Maxx) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Evans v. Maxx, 19 Mass. L. Rptr. 129 (Mass. Ct. App. 2005).

Opinion

Smith, J.

Paul Evans (“Evans”), a former employee of The TJX Companies (“TJX’) brought this action against TJX,2 Marmaxx Inc. (“Marmaxx”), Michael Manoogian (“Manoogian”), Michael Tilley (“Tilley”), and John Doe and Richard Roe (collectively “the defendants”), unknown senior executives of the defendants. Evans alleges discrimination on the basis of his sexual orientation, violations of his civil rights, intentional and negligent infliction of emotional distress, [130]*130strict liability, and breach of contract. Pursuant to Mass.R.Civ.P. 12(b)(6), the defendants have moved to dismiss five of the counts: CountV, negligent infliction of emotional distress against Manoogian; Count VI, intentional infliction of emotional distress against Tilley; Count VII, violation of the Massachusetts Civil Rights Act (“MCRA”) against Manoogian; Count VIII, violation of the MCRA against TJX; and Count X, breach of contract against TJX. The defendants also move to dismiss all claims against John Doe and Richard Roe. For the following reasons, the defendants’ motions are ALLOWED.

BACKGROUND

Under Mass.R.Civ.P. 12(b)(6), a complaint should not be dismissed for failure to state a claim “unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which could entitle him to relief.” Gen. Motors Acceptance Corp. v. Abington Casualty Ins. Co., 413 Mass. 583, 584 (1992), quoting Nader v. Citron, 372 Mass. 96, 98 (1977), quoting Conley v. Gibson, 355 U.S. 41, 45-46 (1957). When reviewing such a motion to dismiss, the allegations in the complaint, as well as inferences that may be drawn therefrom in the plaintiffs favor, are to be taken as true. Gen. Motors Acceptance Corp., 413 Mass. at 584; Nader, 372 Mass. at 98.

The court ordinarily may not consider matters outside of the pleadings because a motion to dismiss for failure to state a claim tests the legal sufficiency of the complaint. Riebold v. Eastern Casualty Ins. Co., Civil No. 97-0306 (Middlesex Super.Ct. June 4, 1997) (Brassard, J.) (hereinafter cited as 6 Mass. L. Rptr. 706). When matters outside of the pleadings are presented by the parties and considered by the court, a motion for failure to state a claim must be treated as a motion for summary judgment under Mass.R.Civ.P. 56. See Mass.R.Civ.P. 12(b)(6); Watros v. Greater Lynn Mental Health & Retardation Ass’n., 421 Mass. 106, 109 (1995). A document is not outside of the complaint, however, in the limited instance where the complaint specifically refers to the document and the document’s authenticity is not questioned by either party. Riebold, 6 Mass. L. Rptr. at 707. See also Watterson v. Page, 987 F.2d 1, 3 (1st Cir. 1993). In paragraphs 47-51 of his complaint, the plaintiff quotes and discusses various provisions of the defendant TJXs employee handbook. These provisions form the basis of the plaintiffs breach of contract claim as set forth in Count X of the complaint. If the plaintiff refers to a written document in the complaint, that document is considered part of the complaint. Riebold, 6 Mass. L. Rptr. at 707. See also Watterson, 987 F.2d at 4. In addition, neither party disputes the authenticity of the TJX employee handbook. Therefore, the court treats the TJX employee handbook as part of the pleadings for purposes of this motion to dismiss.

In his complaint, Evans sets forth the following facts. Evans began working for TJX in 1988 as an Assistant Manager of a TJX retail store in Cerrito, California. Evans then worked at various other TJX retail stores before being promoted to District Manager of an area encompassing Rhode Island and Connecticut. Evans was eventually employed as New England South District Manager. Evans alleges that while he was employed as New England South District Manager, defendants Tilley and Manoogian, employees of TJX, subjected him to hostility, harassment, and threats due to his sexual orientation.

Tilley was the Regional Manager charged with overseeing Evans’s district. At some point unspecified by the complaint, Manoogian assumed Tilley’s supervi-soiy duties. At another unspecified point in time, Evans requested from Tilley a district change to one inclusive of Provincetown. When making this request, Evans disclosed to Tilley that he had recently moved to Provincetown to live with his same sex partner and that they were committed to establishing a life together. Shortly after he made this disclosure, about September 1999, Evans alleges that Tilley and Manoogian met with Evans and informed him that he must accept a demotion from his recent promotion to District Manager or be subjected to a series of “corrective actions” that would result in his termination.

Evans reported these threats to TJXs Human Resources department. Human Resources assured Evans that the threats would be investigated, and that TJX would not tolerate threats of this nature. Further, Human Resources assured Evans that a third-party regional supervisor would objectively review any adverse personnel decisions made against him.

Within months of the threats, Manoogian began issuing written warnings to Evans for infractions of company policy occurring within individual stores. These infractions included incorrect sizers, improperly aligned clothing racks, and an inadequately staffed jewelry counter. According to Evans, these infractions constitute “micro issues” which are the responsibility of each Store Manager. According to Evans, District Managers are responsible for “macro issues,” or matters affecting the entire district. Despite citing Evans individually for these infractions, Manoogian instructed Evans not to take corrective action against the store personnel. By instructing Evans not to take corrective action against those employees responsible for the “micro issues,” Evans argues that he was stripped of the inherent authority of his position. Evans alleges that Manoogian’s conduct constituted a “series of ‘corrective actions’ which plaintiff was stripped from correcting, tying plaintiffs hands during a warning period previously threatened, and designed to culminate in Plaintiffs termination . ..” after twelve years of service to TJX. (Complaint at par. 15.)

The year prior to requesting a move to a district inclusive of his Provincetown home, Evans’s reviews [131]*131were favorable and gave Evans an overall rating of “meets expectations."

At some time during his employment with TJX, Evans was provided with a copy of the T. J. Maxx Policy Book (Policy Book).3 On the introductory page, the Policy Book states the following in italic type: “The Policy Book is not intended to create any contractual or other legal right. It is designed solely as a guide to demonstrate to Store Management and Associates the manner in which T.J. Maxx operates." The italic type further indicates that the policies are subject to change at the company’s discretion, and that policies may be continually refined and revised.

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Bluebook (online)
19 Mass. L. Rptr. 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-maxx-masssuperct-2005.