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BMK Attorney Robert Berluti was quoted in the publication, Law 360, commenting on the Supreme Justice Court’s ruling in the case of Parker v. EnerNOC et al., that was ruled in his client’s favor.

Attorney Robert Berluti’s client, Francois Parker, alleged gender discrimination, Wage Act violations, breach of contract and breach of the covenant of good faith and fair dealing in her August 2016 complaint against her former employer EnerNOC.

In 2018, a jury returned a verdict in Parker’s favor awarding a judgment in excess of $500,000 dollars for her unpaid salary, fringe benefits, treble damages, attorneys’ fees and costs and pre-judgment interest.

EnerNOC then appealed the judgment in 2019 and argued to the Supreme Judicial Court in attempts to overturn the judgment.

Despite EnerNOC’s efforts, the Supreme Judicial Court ruled in Francoise Parker’s favor and in support of the Wage Act.

Attorney Berluti commented on the Supreme Judicial Court ruling in Law360 stating,

“If the SJC did not rule the way it did, employers would have a loophole to avoid paying commissions by terminating employees prior to the commission payment becoming due,” he said. “Hardworking plaintiffs, like Fran Parker, would not receive the full benefit from the services she rendered to EnerNOC.” (Villani, Chris. “Massachusetts Top Court Triples Fired Worker’s Jury Award”, Law 360).

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