Gallant v. Bartash, Inc., 2002 ME 4

Summary

The Maine Supreme Judicial Court affirmed summary judgment for Bartash, Inc. in a dispute over the timing of vacation-pay payment after an employee left employment. The court held that under 26 M.R.S.A. § 626, an employee's demand for payment triggers the reasonable-time period and related penalty provisions. Because Gallant received her vacation pay within the applicable period after making demand, the judgment was affirmed.

Holdings

1. The plain language of section 626 requires an employee to make a demand before the statutory reasonable-time period begins and before the statute's penalty provisions are triggered.
2. Bartash timely paid Gallant's vacation pay because the statutory reasonable-time period began when Gallant demanded payment on March 27, 2001, and payment was made on April 4, 2001.

Questions Presented

1. Whether 26 M.R.S.A. § 626 requires an employee to make a demand before the statutory reasonable-time period for payment of wages and vacation pay begins.
2. Whether Bartash, Inc. timely paid Gallant's vacation pay under 26 M.R.S.A. § 626.

Disposition

affirmed