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Rose v. East Boston Community Development Corp.

Citations: 13 Mass. App. Ct. 969; 432 N.E.2d 112; 1982 Mass. App. LEXIS 1232

Court: Massachusetts Appeals Court; March 8, 1982; Massachusetts; State Appellate Court

Narrative Opinion Summary

In this legal dispute, the plaintiff brought an action against his former employer, the East Boston Community Development Corporation, seeking compensation for accrued compensatory time, unpaid vacation, severance pay, and unreimbursed expenses. The appeal primarily contested the trial court's dismissal of the claim for accrued compensatory time. The pivotal legal question revolved around the employer's personnel policy, which stipulated that employees must utilize their accrued compensatory time within thirty days of its accumulation. The trial judge found that the plaintiff failed to adhere to this policy, as evidenced by testimony and documentation presented during the proceedings. The appellate court evaluated the trial court's decision under the 'clearly erroneous' standard set forth in Mass. R.Civ. P. 52(a). Concluding that the trial court's findings were adequately supported by the evidence and not clearly erroneous, the appellate court affirmed the dismissal of the complaint, thereby ruling in favor of the defendant. Representation for the parties included Lawrence R. Levinson for the plaintiff and John Cavicchi for the defendant.

Legal Issues Addressed

Accrued Compensatory Time and Employer Policies

Application: The court examined whether a policy requiring compensatory time to be taken within a specified period was properly communicated and enforced, affecting the plaintiff's entitlement to compensation for unused time.

Reasoning: The central issue is whether the trial judge erred in finding that East Boston had a personnel policy requiring employees to take accrued compensatory time within thirty days of its accumulation.

Standard of Review under Mass. R.Civ. P. 52(a)

Application: The appellate court upheld the trial court's findings, as they were not deemed 'clearly erroneous,' thus affirming the judgment in favor of the defendant.

Reasoning: The court determined that the trial judge's findings were not 'clearly erroneous' as per Mass. R.Civ. P. 52(a), and therefore affirmed the judgment dismissing the complaint.