McGuckin v. Brandywine Reality Trust

185 F. Supp. 3d 600, 2016 U.S. Dist. LEXIS 59677, 2016 WL 2593866
CourtDistrict Court, E.D. Pennsylvania
DecidedMay 5, 2016
DocketCIVIL ACTION NO. 16-290
StatusPublished
Cited by8 cases

This text of 185 F. Supp. 3d 600 (McGuckin v. Brandywine Reality Trust) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McGuckin v. Brandywine Reality Trust, 185 F. Supp. 3d 600, 2016 U.S. Dist. LEXIS 59677, 2016 WL 2593866 (E.D. Pa. 2016).

Opinion

MEMORANDUM

DuBois, Judge,

I. INTRODUCTION

This case arises out of plaintiff Richard M. McGuckin’s employment by defendant Brandywine Realty Trust (“Brandywine”) under the supervision o'f defendant H. Jeffrey DeVuono. Plaintiff asserts claims for violation of: Pennsylvania’s Wage Payment Collection Law, 43 Pa. Cons. Stat. § 260.1 et seq. (Count I); breach of contract (Count II); unjust enrichment (Count III); wrongful discharge (Count IV); retaliation in violation of the Fair Labor Standards Act, 29 U.S.C. § 215(a)(3) (Count .V); and age discrimination in violation, of the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. (Count VI) and the Pennsylvania Human Relations Act, 43 Pa. Cons. Stat. § 951 (Count VII). Presently before the Court is defendants’ Motion to Dismiss Plaintiffs’ Amended Complaint. For the' reasons • that follow, the Court grants in part and denies in part the Motion to Dismiss.

II. BACKGROUND

The facts of this case as set forth in plaintiffs Amended Complaint are as follows. Plaintiff is now fifty-one years old. Am. Compl. ¶ 17. Until December 2014, he was employed by Brandywine, a real estate. company that is publicly, traded on the New York Stock Exchange. Am. Compl. ¶¶15. He was hired by Brandywine in April 2000 as a leasing representative, and repeatedly promoted until he was made a Vice President of Leasing in 2011. Am. [604]*604Compl. ¶¶189-24. In that role, he was responsible for leasing 4.2 million square feet of Brandywine property in the western suburbs of Philadelphia. Am. Compl. ¶ 30. Defendant H. Jeffrey DeVuono was plaintiffs direct supervisor as Executive Vice President and Senior Managing Director of Brandywine. Am. Compl. ¶¶ 16, 35.

In 2014, Brandywine began negotiating a leasing deal with CenterSquare Investment Management (“CIM”), one of Bran-dywine’s tenants. Am. Compl. ¶ 39. CIM is “affiliated” with BNY Mellon, which itself is a major investor in Brandywine. Am. Compl. Am. Compl. ¶¶ 36-38. Under the terms of the deal, CIM would “move its offices” and occupy space in another Bran-dywine property. Am. Compl. ¶ 39. For reasons not explained in the Amended Complaint, the CIM deal did not close. Am. Compl. ¶ 40. Plaintiff avers that “because BNY Mellon is a major investor in Brandywine and because CIM represents and/or provides services to other persons and/or entities who are major investors in Brandywine, Brandywine elected to provide[] a concession to CIM of approximately $200,000 when the CIM Deal did not close.” Am. Compl. ¶ 41. Plaintiff alleges that CIM subsequently leased a different Brandywine property and that because of this Brandywine “did not actually experience a loss in connection with the CIM deal.” Am. Compl. ¶ 43.

Plaintiff claims that he was “scapegoated” and blamed for the failure of the CIM deal even though he “did nothing wrong” and his actions were “known to defendants.” Am Compl. ¶ 47-48. After the deal failed to close, in “mid-2014,” defendants demanded that plaintiff “authorize a wage deduction of approximately $200,000.” Am. Compl. ¶¶ 52-53. In 2014, plaintiffs salary exceeded $300,000 annually. Am. Compl. ¶ 25. Nonetheless, plaintiff claims that if he had accepted the wage deduction he would have been forced to work for Brandywine for “a period of no less than six months without receiving compensation of any kind.” Am. Compl. ¶ 53. He refused to accept the wage deduction and told defendants that the deduction was unlawful. Am. Compl. ¶¶ 54-57.

On December 5, 2014, defendants told plaintiff that he was fired effective December 31, 2014. Am. Compl. ¶ 59. Plaintiff alleges that “defendants explained to plaintiff that he would not have been terminated but for his refusal to authorize a wage deduction in connection with the CIM deal.” Am. Compl. ¶ 60. Further, he avers that he was told that he was fired “because he complained and because he refused to reimburse Brandywine for its alleged loss” by accepting the wage deduction. Am. Compl. ¶ 61.

It is plaintiff’s contention that the wage deduction and firing would not have occurred but for his age, then-forty-nine years. Am. Compl. ¶ 65. Plaintiff alleges that DeVuono “and Brandywine’s upper management, made overtly negative comments regarding plaintiffs age.” Am. Compl. ¶ 49. Brandywine’s president, Gerard H. Sweeney, “questioned plaintiff about his age, and when hearing plaintiffs response, stated that he did not know that plaintiff was so old.” Am. Compl. ¶ 50.

Plaintiff claims that at the time he was fired, he was owed $122,000 in bonus and $90,707 in holdback commission under the terms of Brandywine’s Leasing Compensation Program. Am. Compl. ¶¶ 83, 87. Furthermore, “when informing plaintiff that his employment was being terminated, defendants specifically and orally promised plaintiff that he would be paid all compensation due and owing to him, including all commissions..., holdbacks, and bonuses.” Am. Compl. ¶ 93. Brandywine offered plaintiff two different severance agreements, both of which provided him with [605]*605less benefits and severance pay than Bran-dywine “routinely provides.,. to younger employees.” Am. Compl. ¶¶ 69-75.

On January 22, 2016, plaintiff filed his Complaint in this case. After defendants filed a Motion to Dismiss, plaintiff filed an Amended Complaint on March 8, 2016. The Amended Complaint includes seven counts: violation of Pennsylvania’s Wage Payment Collection Law, 43 Pa. Cons. Stat. § 260.1 et seq, (Count I); breach of contract (Count II); unjust enrichment (Count III); wrongful discharge (Count IV); retaliation in violation of the Fair Labor Standards Act, 29 U.S.C. § 215(a)(3) (Count V); and age discrimination in violation of the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. (Count VI) and the Pennsylvania Human Relations Act, 43 Pa. Cons. Stat. § 951 (Count VII). The Court has jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1367. Defendants filed a Motion to Dismiss on March 21, 2016, which is now fully briefed.

III. LEGAL STANDARD

Rule 12(b)(6) of the Federal Rules of Civil Procedure permits a party to respond to a pleading by filing a motion to dismiss for “failure to’ state a claim upon which relief can be granted.” To survive a motion to dismiss, a plaintiff must allege facts that “ ‘raise a right to relief above the speculative level.’” Victaulic Co. v. Tieman,

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185 F. Supp. 3d 600, 2016 U.S. Dist. LEXIS 59677, 2016 WL 2593866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcguckin-v-brandywine-reality-trust-paed-2016.