Massachusetts law requires plaintiffs to file a complaint with the MCAD within 300 days of the alleged discriminatory act to preserve their right to sue. Fowler’s complaint alleges that Denner failed to do so, ultimately undermining her case.
The lawsuit states that Denner communicated with Martignetti’s legal team shortly after Fowler’s termination, receiving a settlement offer that included a 50% increase in her severance, removal of a noncompete clause, and a positive reference letter. However, Fowler claims Denner never conveyed this offer to her or responded to Martignetti’s proposal.
In November 2018, Denner allegedly persuaded Fowler to rent him her 1,900-square-foot home in upscale Newburyport at below-market value, promising that the reduced rent would offset litigation fees for her discrimination claim. According to the complaint, Denner assured her he would pursue her case, which he never did.
It was not until 2022 that Fowler learned Denner had failed to file the MCAD complaint. The lawsuit also claims that Denner falsely suggested she could pursue a breach of contract claim, despite there being “no colorable basis whatsoever” for such an argument. No breach of contract claim was ever filed on Fowler’s behalf.
