R.R. Donnelly & Sons Co. v. Marino

DECISION AND ORDER INTRODUCTION Plaintiffs R.R. Donnelley & Sons Company (“RRD”) and Tucker Printers, Inc. (“Tucker”) (collectively “Plaintiffs”) commenced this action on September 16, 2020, against defendants Glenn Marino (“Marino”), Patricia Gaborski (“Gaborski”), and Mercury Print Productions, Inc. (“Mercury”) (collectively “Defendants”), arising from Marino’s and Gaborski’s employment with Mercury after previously working at the Tucker plant in Rochester, New York. On December 8, 2020, the Court granted Mercury’s motion to dismiss all claims against it. (Dkt. 73). On December 21, 2020, Marino filed his answer to the complaint (Dkt. 77),¹ and on December 22, 2020, Gaborski filed her answer and counterclaims asserted against Plaintiffs (Dkt. 78). Currently pending before the Court is Plaintiffs’ motion to dismiss Gaborski’s counterclaims. (Dkt. 80). For the reasons set forth below, the Court grants in part and denies in part Plaintiffs’ motion to dismiss. FACTUAL BACKGROUND The following facts are taken from Gaborski’s counterclaims and, as is required at this stage of the proceedings, are presumed to be true. Gaborski was hired by Tucker as a customer service representative in November of 2011. (Dkt. 78 at 185). On May 5, 2020, Tucker announced that it was closing its doors during a plant-wide meeting, at which customized packets were distributed to employees that detailed severance pay for eligible employees. (Id. at

188, 189, 190). According to Gaborski’s “Separation Pay Plan Benefits Worksheet” that she was given at the meeting, she was entitled to $6,346 in severance pay if she continued to work through July 31, 2020, a commitment which was orally confirmed at the plant-wide meeting. (Id. at