Legal Opinion

Sylvain v. Spaulding Rehabilitation Hospital Corp.

Massachusetts Superior Court

Decided March 23, 2016No. MICV201505475DPublished

1Opinion of the Court

Gordon, Robert B., J.

Presented for decision is the Defendants’ Rule 12(b)(6) Motion to Dismiss the Complaint for failure to state a claim upon which relief can be granted. For the reasons which follow, the Court concludes that the defendants’ motion must be ALLOWED.

BACKGROUND

Plaintiff Gerda Sylvain has brought a breach of contract action against her erstwhile employer (hereinafter “Spaulding Rehabilitation”).1 The gravamen of plaintiffs claim is that Spaulding Rehabilitation issued her an “Employee Handbook” which contained policies concerning workplace conduct and disciplinary action. The…

2Cases cited12 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Iannacchino v. Ford Motor Co.Massachusetts Supreme Judicial Court · 2008
  3. Woolley v. Hoffmann-La Roche, Inc.Supreme Court of New Jersey · 1985
  4. Schaer v. Brandeis UniversityMassachusetts Supreme Judicial Court · 2000
  5. Jackson v. Action for Boston Community Development, Inc.Massachusetts Supreme Judicial Court · 1988

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