Clermont v. Monster Worldwide, Inc.

MEMORANDUM AND ORDER ON. DEFENDANTS’ MOTION TO DISMISS

SOROKIN, District Judge.

I. INTRODUCTION

Defendant Monster employed Plaintiff. Am. Compl. ¶ 15. On April 3, 2014, Monster (“Defendant”) terminated Plaintiffs employment. Id. ¶ 16. On that day Defendant, via its bank, issued an electronic transfér of funds from its account to Plaintiffs bank account in the full amount of all wages due, which was $26,401.50. Id. ¶ 18. The funds appeared in Plaintiffs account the next day, April 4. Id. ¶ 19. Defendant knew at the time it issued the electronic transfer that Plaintiff would not receive the funds…