HiLLSSOROUGH COUNTY

NORTHERN DISTRICT

t o x

SUPERIOR COURT

WRIT OF SUMMONS

Elayne Pierson

37 Fox Hollow Drive

Weare, New £anpshire 03281

Town of Weare

P,O . Box 190

Weare New Hampshire 03281

( ) COURT

(X)JURY

The Sheriff or Deputy of any County is ordered to summon each defendant to file a written appearance with the

Superior Court at the address listed below by the return day of this writ which is the first Tuesday of May

2 006 MONTH

YEAR

The PLAINTIFF(S) state(s) :

SEE ATTACHED

and the Plaintiff(s) cIaiM(t damnages within the jurisdictional limits of this Court . P,

INOORSER i sign anai print rame)

2-27-06

DATE OF WRI T

NOTICE TO THE DEPENDAIN r

The Plaintlff listed above has begun legal action acainst you. You do not have to physleally appear in Court on the retrr day listed above since there will be no hearing

on Iitet day . Ho,aever, if you Intend to contest this matter, you or your alfomey must fife a wrluen appoaranee form with the Clerii s (Al by that date . (Appearance (erms

may be obtained from the Clerk's OfFlee) You will than receive notfce from He Court of all proceedings concerning his case . It you fail to Ire an appearance by the retur n

day, (udmnent •MII be entered against you for a sum at money whleh you will then be obfigated to pey .

Witness , Walter L. Murphy, Chief Justice, Superior Court .

olinN y/Dawnangela Minton

PI.A.NT F/ATTOR N

F?eriistein Shur Sawyer & Nelson PA

John M. Safford, Clerk PRINTEDITYPED NAME

NH Superior Court Hillsborough County

Northern District p Bax 1120

AoDRe s~s

300 Chestnut St

Manchester NH 03101-2490 ManChester NH 03105-1120 / 603-623-8700

(603) 669-741n

Case 1:06-cv-00134-PB Document 1-1 Filed 04/07/06 Page 1 of 8
STATE OF NEW HAMPSHIR.E

SUPERIOR COURT

Hillsborough North, ss Docket No.

Elayne PIERSON

V .

TOWN OF WEARE

ADDENDUM TO WRIT OF SUMMONS

NOW COMES Elayne Pierson, by and through her attorneys Bernstein, Shur,

Sawyer & Nelson, PA and complains against the Town of Weare as follows:

Parties, Jurisdiction , and Venue

1 . Elayne Pierson is an adult resident of the Town of Weare . She resides at

37 Fox Hollow Drive, Weare, New Hampshire 0328 1

2. The Town of Weare is a municipal corporation located in Hiiisborough

County, New Hampshire with a mailing address of P .O. Box 190, Weare, New

Hampshire 03281 .

3 . This Court has jurisdiction over all counts in this Complaint pursuant to

RSA 491 :7, because each count arises from actions that occurred or failed to occur in th e

Town of Weare, County of Hillsborough , State of New Hampshire .

Case 1:06-cv-00134-PB Document 1-1 Filed 04/07/06 Page 2 of 8
4 . Verue properly lies in Hillsborough County- Northern Distriet as Ms.

Pierson resides in Weare, New Hampshire, and the Defendant municipality is located in

Hillsborough County .

Factual and Procedural Backgroun d

5. The Town of Weare (hereinafter "Town" or "Weare") employcd Ms_

Pierson as Finance Administrator and/or Deputy Treasurer from July 23, 1987 to June 1,

2005.

6 . The Town of Weare terminated Ms. Pierson on or about June 1, 2005 .

She appealed the termination through the appeal process established by the Weare Board

of Selectmen . The board affirmed Ms. Pierson's termination in a written decision in

November 2005 .

7. After her termination, Ms. Pierson, through counsel, informed the Town of

Weare that she had not been paid all wages due to her, including, but not limited to,

overtime pay and sick time pay .

8. As of Ms. Pierson's last date of employment with the 'I'own of Weare, she

had accrued $14,682 .06 in sick leave . While Ms. Pierson was employed by the Town of

Weare it had more than one written policy concerning payment for accrued sick time .

Regardless of those written policies, the Town paid other former employees - who were

either terminated or resigned in lieu of termination - the full amount of their accrued sick

time, thereby establishing a policy of paying out fully accrued sick leave upon

termination or resignation from the Town .

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9 . As of the date of her termination, Ms . Pierson was also due wages in the

amount of $5,126.31 . The'total amount due represents pay for period of March 1, 2003

to May 29, 2003 as follows : 39 .75 hours of overtime at $28,85 an hour for a total of

$1,146 .79. The total amount also includes pay for the period of June 1, 2003 to August

23, 2004 as follows: 4.00 hours at a regular rate of pay at $19 .23 an hour for a total of

$76,92, 4.75 hour at a regular rate ofpay at $19.79 per hour for a total of $94.00, 113 .75

hours of overtime at $28.85 an hour for a total of $3,281 .69, and 17.75 hours of overtime

at $29.69 an hour for a total of $526 .91 .

10. The Town's failure to pay Ms. Pierson the wages due to her is willful.

Despite its knowledge that Ms. Pierson is owed wages, willfully refuses to pay Ms.

Pierson. The Town recklessly disregards the requirements of the FLSA by failing to

inquire if its actions were in compliance with the FLSA .

COUNT I

Violation of Fair Labor Standards Act, 29 USC §§ 201-21 9

11 . Ms. Pierson incorporates by reference the allegations of the precedin g

paragraphs as if fully set forth herein .

12. By their conduct, as alleged herein, Defendant violated the Fair Labor

Standards Act (hereinafter "FLSA") at 29 USC §§ 201 through 219 by failing to pay

Plaintiff wages due for hours worked at Plaintiffs hourly rate of pay, and for overtime

pay of one and one-half times Plaintiff's hourly rate for all hours worked in excess of

forty hours during a workweek .

Case 1:06-cv-00134-PB Document 1-1 Filed 04/07/06 Page 4 of 8
13 . Weare is an employer within the meaning of 29 USC §§ 203 (d) and (x) .

tils. Pierson is an employee within the meaning of 29 USC § 203(e), and during all times

relevant to the allegations set forth in this matter, has been entitled to the protections and

benefits provided under the FLSA.

14. The FLSA requires employers to pay employees for all hours they work.

In violation of 29 USC § § 206 and 207, Weare has not paid Ms. Pierson for all of the

regular and overtime hours that she worked . Plaintiff has been damaged by Defendant's

violations of 29 USC §§ 206 and 207 .

15. The Town is aware that Ms. Pierson is due payment for wages in the

amount of $5,126 .31 . Despite that knowledge, the Town of Weare willfully refuses to

pay Ms. Pierson the wages due . The Town has recklessly disregarded the requirements

of the FLSA by failing to inquire if its actions were in compliance with the FLSA .

16. Pursuant to 29 USC § 216, Defendant is liable to Plaintiff for unpaid

overtime compensation, plus, as liquidated damages, an additional sum equal to the

amount of unpaid overtime compensation, plus reasonable attorneys' fees and costs of

this action.

17 . Plaintiffs damages are within the jurisdictional limits of this Court .

COUNT II

NH RSA 275

18 . Ms. Pierson incorporates by reference the allegations of the preceding

paragraphs as if fully set forth herein .

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i9 . By its conduct as alleged herein, Defendant violated NTd RSA 275 :43-a

and is, therefore, liable to Plaintiff.

20. As alleged above, the Defendant has failed to pay Ms. Pierson all of the

wages due to her, including wages for hours worked at Ms . Pierson's regular rate of pay,

wages for overtime hours worked at one and one-half times Ms. Pierson's rate of pay,

and wages for Ms. Pierson's accrued sick time as of her last day of employment with the

Town.

21 . RSA 275:44 requires that a discharged employee be paid her wages

encompassing all compensation within 72 hours of her termination . Weare has failed to

pay Ms Pierson $5,126 3 1 for regular and overtime pay, and $1 4,682.06 for accrued sick

leave. The Plaintif#'s accrued sick leave, regular wages, and overtime wages all

constitute "wages" pursuant to RSA 275 :43 ,

22. Defendant's willful refusal to pay these wages constitutes an attempt at an

unlawful withholding or diversion of wages as prohibited by RSA 275 :48.

23 . Defendant's failure to the Plaintiff these wages in full within 72 hours of

termination was intentional, willful, and without good cause . If an employer willfully

and without good case fails to pay an employee wages as required the employer is liable

for liquidated damages. RSA 275 :44, 1V.

24 . Defendant is also liable for attorneys' fees and costs . RSA 275:53.

25 . Plaintiffs damages are within the jurisdictional limits of this Court .

Case 1:06-cv-00134-PB Document 1-1 Filed 04/07/06 Page 6 of 8
Relief Requested

WHEREFORE, the Plaintiff requests the following relief:

A. An award of damages sustained by the Plaintiff as a result of Defendant's

violations of the PLSA, an additional equal amount as liquidated damages pursuant to

29 USC §216, and attorneys' fees and costs ;

B . An award of damages sustained by the Plaintiff as a result of Defendant's

violation of RSA Chapter 275, including liquidated damages and attorneys' fees and

costs;

C . Prejudgment interest, post-judgment interest, and costs of the suit ;

D. An award of such other relief as the Court deems just and proper;

R Ajury trial is demanded;

F. All damages sought herein are within tlhe jurisdiction of the Court .

Date: February 27, 2006

Dawnan ela Minton

li ildG7X s~

Andru Volinsky,V

Attorneys for Elayne Pierso n

Bernstein, Shur, Sawyer & Nelson

670 North Commercial St ., Ste. 108

P .O. Box 1120

Manchester, NH 03105-1120

(603) 623-8700

Case 1:06-cv-00134-PB Document 1-1 Filed 04/07/06 Page 7 of 8
Consent

I hereby consent, pursuant to the provisions of the Fair Labor SLuidards Act of 1938,

as ameuded, (52 STAT. 1060, 29 USC; 201 ET, SEQ.), to the filing of the atiached

Complaint.

Datc 4ignature

Date GT'itreers'Sig'Wf ure

Printed Norne of Witness

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