To make the defenses easier to read, defenses are in this color and the comments are in this color.


SECOND DEFENSE

The Amended Complaint fails to state a claim upon which relief may be granted.

THIRD DEFENSE

Plaintiff was employed at-will and therefore was terminable at-will.

FOURTH DEFENSE

Plaintiff failed to satisfy the administrative prerequisites to bringing some or all of his claims.

FIFTH DEFENSE

Count III is barred as to Richard Gorgens and Larry Mason, as plaintiff failed to file a charge of discrimination against them at the Massachusetts Commission Against Discrimination.

SIXTH DEFENSE

Counts I and III are barred, as plaintiff was not a qualified handicapped person under M.G.L. c. 152, 75B and M.G.L. c. 151B.

SEVENTH DEFENSE

Plaintiff did not, at times pertinent, suffer from a "serious health condition" as that term is defined under the Family and Medical Leave Act ("FMLA").
The defendant cannot expect to this defense to work. The plaintiff had sugery that required him to be out of work for ten weeks. The plaintiff had three other medical doctors document the need for time off. The defendants failed to dispute the in a legal method as detailed in  29 CFR 825.307   In paragraph 104, the defendants allege that the plaintiff is unable to do his job.

EIGHTH DEFENSE

MSI was not, at times pertinent, an employer under the Family and Medical Leave Act.

NINTH DEFENSE

Counts 1, 11, III and IV against Richard Gorgens, Debra Gorgens and Larry Mason are barred, as individual liability does not attach under M.G.L. c. 152, 75A and 75B, M. G. L. c. 15 1 B and the FMLA.
It is well established that under M.G L. c. 151B that individual liablity does attach. The FMLA,  under 29 CFR 825.220(3)   states "All persons (whether or not employers)."

TENTH DEFENSE

Plaintiff has failed to mitigate his damages.
.

ELEVENTH DEFENSE

Count V is barred because the conduct of Richard Gorgens, Debra Gorgens and Larry Mason was privileged.

TWELFTH DEFENSE

Count VIII is barred by the Massachusetts Workers' Compensation Law.

WHEREFORE, defendants request that the Amended Complaint be dismissed and that the Court award them costs and attorneys' fees.