The complaint says Cross was fired in February 2018 for refusing to falsify the I9 forms in 2017. On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America, Inc. ("KTNA"). This weekend the state reported more than 300,000 new cases. 36 0 obj<> PARKERSBURG A Wood County jury awarded a woman $8 million in punitive damages this week in a lawsuit alleging she was fired for refusing to falsify documents pertaining to the citizenship of employees in an out-of-state office. 3 0 obj <>stream Based upon the allegations in Plaintiff's Complaint, the court disagrees. However, the court is mindful that administrative exhaustion is a condition precedent to a Title VII suit that may be pled generally, as Plaintiff has done in Paragraph 8 of her Complaint. He said this suit was filed under the Labor Services Act with the intent of holding Fareva jointly liable.. 2:22-CV-03518 | 2022-09-28, U.S. District Courts | Labor | McLain told her that no other opportunities were available and suspended her while the investigation into her complaint was pending. ), Surge Staffing, LLC vs C P Supply Co. and Dana Morgan, Jointly and Severally Liable, Notice of Judgment or Order Signed Index # 7: Electronically served to Party's attorney and/or mailed to all pro-se parties, Dispositions: Order of Dismissal With Prejudice; (Judicial Officer: Pierson, Don), Order of Dismissal With Prejudice Index # 8, Letter Index # 6: RE: Letter for Motion and Order Dismiss, Motion to Dismiss Index # 5: Motion to Dismiss, eFiling Payments: Receipt # CCLTF-173098: Surge Staffing, LLC: (262.00), Financial Information: Plaintiff Surge Staffing, LLC; Total Financial Assessment: 262.00; Total Payments and Credits: 262.00; Balance Due: 0.00. On December 3, 2018, the claims administrator rejected the claim. (Id. (Id. States must work together to end HIV epidemic. Care New England representatives said they do not comment on pending litigation. endobj Our areas of expertise include hospitality, manufacturing, logistics, general office, and call centers. at 1359. We have a great partnership and I highly recommend them to other companies. Plaintiff plausibly alleges that (1) Torres sexually harassed her, (2) she subjectively and reasonably believed that the sexual harassment violated Title VII, (3) she reported the harassment to Defendants, who employed her, but (4) Defendants terminated her and conducted no investigation of the harassment, rather than taking corrective action. They contend that her report regarding Torres' sexual harassment was not a report of an unlawful employment practice for purposes of Title VII because she lacked an "employment relationship" with KTNA or Torres. The Motion is fully briefed (see Docs. (*eT/| The suit also alleges other fraudulent manipulation of data requested or performed by the company. endobj Kivisto v. Miller, Canfield, Paddock & Stone, PLC, 413 F. App'x 136, 138 (11th Cir. SHRM offers thousands of tools, templates and other exclusive member benefits, including compliance updates, sample policies, HR expert advice, education discounts, a growing online member community and much more. United States District Court, N.D. Alabama, Northeastern Division.https://leagle.com/images/logo.png, Editors Note # 7). endobj Why is this public record being published online? 42:12101 Americans with Disabilities Act. Blackstone Chief Legal . It is therefore important that staffing companies and their clients work together to comply with applicable employment laws. The trial began on Oct. 28, with testimony continuing through Monday of this week. Plaintiff provided McLain with a written statement, expressed her desire not to return to KTNA, and asked about other available job opportunities. A. Dental Ass'n v. Cigna Corp.,605 F.3d 1283, 1290 (11th Cir. Twombly, 550 U.S. at 556. Plaintiff Has Sufficiently Pled Administrative Exhaustion of Her Claim Against Defendant Surgeforce. (Id. endstream United States District Court, N.D. Alabama, Northeastern Division. (Attachments: #1 Civil Cover Sheet) (Coffman, Matthew) (Entered: 07/02/2021). x+ | An Order consistent with this Memorandum Opinion will be entered. endstream In April 2015, the staffing industry and others were rocked by the news that retail giant Amazon had been hit with a proposed class action lawsuit. Patricia Martinez, middle, a former temporary worker at Superior Staffing, and Mark Birhanu (right), a staff attorney for Raise the Floor Alliance, attend a news conference Tuesday in the Little Village neighborhood. (Id. % Mansfield mayor files lawsuit against two metro housing board members; Mansfield Police warn of phone scam sweeping the community; Planting Callery Pear or Bradford Pear is no longer permitted in Ohio; Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. One Alaska Native village knew what to do to keep out COVID-19. On days when she was turned away, she still had to pay the nanny. 1110 Morse Rd Legal Department, Columbus, OH 43229-6325. On behalf of Fresh Express, I would like to extend a personal thank you to Surge for their great service and attention to detail to make our life seamless while processing temporary timesheets for your employees. B278239 (April 16, 2018). Mays v. U.S. The Federal Rules of Civil Procedure require that a complaint provide "a short and plain statement of the claim showing that the pleader is entitled to relief." Transaction Assessment: 262.00, Citation: eserved Attorney; C P Supply Co.: Unserved ; Morgan, Dana: Unserved, Original Petition Index # 2: QC completed 04/21,VS. x+ | "An employer may also be responsible for the acts of non-employees, with respect to sexual harassment of employees in the workplace, where the employer (or its agents or supervisory employees) knows or should have known of the conduct and fails to take immediate and appropriate corrective action." 16 0 obj<> The bureau found I-Forces permanent employees, leases and contracts were transferred to Daily Services the weekend before I-Force ceased doing business. 2000e Job Discrimination (Employment) Fox v. Surge Staffing, LLC Federal Civil Lawsuit Ohio Southern District Court, Case No. To determine whether a defendant who was not named in the EEOC charge is a proper defendant in a Title VII suit, the court considers the following factors, among others: Id. On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America, Inc. ("KTNA"). Defendants first argue that Plaintiff's Title VII claim fails because she has not alleged that Torres or KTNA employed her. Nodd v. Integrated Airline Servs., Inc., 41 F. Supp. Bell Atl. Surge always fills our open requests in a timely manner and they even have backups ready. While that suit was pending, a separate class action that had been brought against the staffing agency resulted in a final, court-approved settlement agreement. Virgo v. Riviera Beach Assocs., Ltd.,30 F.3d 1350, 1358 (11th Cir. McLain told her that no other opportunities were available and suspended her while the investigation into her complaint was pending. True After careful review, and for the reasons explained below, Defendants' Motion (Doc. The most common ethnicity at Surge Staffing is White (63%). App., No. Such a party can be sued in a Title VII action, though, if the purposes of Title VII's administrative exhaustion requirement have been fulfilled. 15 0 obj <>stream (Doc. }); if($('.container-footer').length > 1){ (Id. SHENIA LONG, Plaintiff, Superior Staffing and Fareva didn't immediately responds to requests for comment. (Doc. Therefore, Defendants' first argument for dismissal is without merit. Click on the case name to see the full text of the citing case. CLO John Finley received total compensation of $22.2 million. 3:22-CV-00033 | 2022-05-31, U.S. District Courts | Civil Right | Partner with . # 1 at 13, 16). In January 2018, the EEOC issued her a right-to-sue letter. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION. 14 0 obj <>stream Virgo, 30 F.3d at 1359. (Doc. at 27-28). 4 0 obj <>stream They contend that her report regarding Torres' sexual harassment was not a report of an unlawful employment practice for purposes of Title VII because she lacked an "employment relationship" with KTNA or Torres. Accordingly, both Defendants had similar interests in Plaintiff's EEOC charge. endobj endobj Therefore, Defendants' first argument for dismissal is without merit. Its important to have a goal. Plaintiff reported Torres' conduct to another KTNA employee and a KTNA human resources representative. Defendants' argument that Torres could not have committed sexual harassment prohibited by Title VII is contradicted by the EEOC's sexual harassment regulations. If you do not agree with these terms, then do not use our website and/or services. 2000e-3(a). Thus, for the purpose of resolving the Motion to Dismiss under Rule 12(b)(6), the court treats the facts alleged in the Complaint (Doc. A West Virginia jury awarded a woman $8 million in punitive damages this week in a lawsuit alleging she was fired for refusing to falsify documents pertaining to the citizenship of employees in an out-of-state office. 2021-06-10. They have a great team and one that I personally have been working with for years. 2010)). 2000e-3(a). On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America . at 26). # 1-1). 23 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> DocketNotice of Judgment or Order Signed Index # 7: Electronically served to Party's attorney and/or mailed to all pro-se parties, DocketDispositions: Order of Dismissal With Prejudice; (Judicial Officer: Pierson, Don), DocketOrder of Dismissal With Prejudice Index # 8, DocketLetter Index # 6: RE: Letter for Motion and Order Dismiss, DocketMotion to Dismiss Index # 5: Motion to Dismiss, DocketDefendant's Original Answer Index # 4, FinancialeFiling Payments: Receipt # CCLTF-173098: Surge Staffing, LLC: (262.00), FinancialFinancial Information: Plaintiff Surge Staffing, LLC; Total Financial Assessment: 262.00; Total Payments and Credits: 262.00; Balance Due: 0.00. Surge Staffing has an overall rating of 4.0 out of 5, based on over 402 reviews left anonymously by employees. Surge services include permanent plac ement, temp-to-hire, and candidate assessments. at 29). The plaintiffs were employed and paid by a temporary staffing company to perform work at a client site. The Motion is fully briefed (see Docs. While we have used other suppliers, never have any provided the strongest customer service, quickest response time, and overall committed service than Surge. The court concluded, with respect to the plaintiffs' wage and hour claims, that the interests of the client and the staffing agency were "so intertwined" that the settlement barred any further proceedings. # 1 at 30-31, 43-45). On August 11, 2016, Torres told Plaintiff that she would not advance at the facility unless he approved it. at 21-25). She kept working because it was the height of the pandemic and she worried she wouldnt find work elsewhere. A mother of a 3-year-old boy with Down syndrome, Diaz Rivas had to pay a nanny when she went to work. } But a way to realistically get us there faster is to have a plan where everyone is on the same page. Plaintiff provided McLain with a written statement, expressed her desire not to return to KTNA, and asked about other available job opportunities. Even the New York Times has noticed: These workers are part of a new economy of exploitation: Migrant children, who have been coming . The plaintiffs were members of the settlement class. DHL Supply Chain has been working with Surge in Mentor since 2015. In the alternative, Defendants argue that Surgeforce should be dismissed from this case because it was not named in Plaintiff's November 2016 EEOC charge. Applicable Law: 42 U.S.C. In deciding a Rule 12(b)(6) motion to dismiss, courts view the allegations in the complaint in the light most favorable to the non-moving party. The client was authorized by the agency to record, review and transmit time records. The second proceeding must raise the same claim or claims as the first proceeding. The suit accuses a former branch manager of misappropriating trade . (Id. It was the same idea used a century ago in some isolate SHRM Employment Law & Compliance Conference, Workers Who Settled Staffing Agency Claims Cant Sue Client, New OSHA Guidance Clarifies Return-to-Work Expectations, Trump Suspends New H-1B Visas Through 2020, Faking COVID-19 Illness Can Have Serious Consequences, White House Takes Action Against Migrant Child Labor, How to Handle Overtime, Meal Break and Other Wage and Hour Crises. at 1358-59. Joanne Deschenaux, J.D., is a freelance writer in Annapolis, Md. Waiver sent to Surge Staffing, LLC on 7/2/2021, answer due 8/31/2021. endstream (Doc. Forklift Operator (Current Employee) - Calumet City, IL - January 9, 2023. Such a party can be sued in a Title VII action, though, if the purposes of Title VII's administrative exhaustion requirement have been fulfilled. Cf. 445 Civil Rights - Amer w/Disabilities-Employment. Id. (Id. at 555, 557. Jones v. Nippon Cargo Airlines Co., No. # 7, 10-11), and it is ripe for review. Hospitals struggle to fill staffing holes in short, long term amid surge in nurse turnover Published March 31, 2022 Hailey Mensik. Click the citation to see the full text of the cited case. Industry Recruiting. The court also may consider whether the scope of the investigation that would reasonably grow out of the plaintiff's EEOC charge would naturally encompass the unnamed defendant. endstream Keep you working. And, through the settlement, the plaintiffs were compensated for any errors made in paying their wages. 16% of Surge Staffing employees are Black or African American. Ryan Mason. Join/Renew Nowand let SHRM help you work smarter. (Doc. 48 0 obj <>stream To determine whether a defendant who was not named in the EEOC charge is a proper defendant in a Title VII suit, the court considers the following factors, among others: Here, Plaintiff alleges facts that weigh in favor of allowing her claim against Defendant Surgeforce to proceed. (Attachments: #1 Civil Cover Sheet) (Coffman, Matthew) (Entered: 07/02/2021), U.S. District Courts | Civil Right | 77% of employees would recommend working at Surge Staffing to a friend and 73% have a positive outlook for the business. In the alternative, Defendants argue that Surgeforce should be dismissed from this case because it was not named in Plaintiff's November 2016 EEOC charge. Members can get help with HR questions via phone, chat or email. Daily Services LLC, an employment agency in Columbus, Ohio, owes nearly $3.5 million in unpaid workers' compensation premiums to the Ohio Bureau of Workers' Compensation, according to a ruling . The appellate court affirmed the dismissal of the claims. To survive a motion to dismiss, a complaint must "state a claim to relief that is plausible on its face." Please confirm that you want to proceed with deleting bookmark. (Gedling, Adam) (Entered: 07/28/2021), (#1) COMPLAINT with JURY DEMAND against Surge Staffing, LLC ( Filing fee $ 402 paid - receipt number: AOHSDC-8388267), filed by Jordan Paice. This case was filed in Tarrant County Courts, County Court at Law #1 - Tarrant County Courthouse located in Tarrant, Texas. Data The Monotype Corporation plc/Type Solutions Inc. 1990-1992. The new administration began planning its response to crime Jan. 18, according to Truong, when he met with Bogalusa Police, the Washington Parish Sheriff's Office, Bogalusa school board members . and elsewhere. Raise the Floor Alliance staff attorney Mark Birhanu, from left, former Superior Staffing temporary worker Patricia Martinez and Chicago Community and Workers Rights volunteer Genesis Del Valle attend a news conference Tuesday in Little Village. (Doc. (Id. Cancellation and Refund Policy, Privacy Policy, and See Hamm v. Members of Bd. Black or African American harassment regulations they even have backups ready harassment prohibited by Title VII claim because. The agency to record, review and transmit time records didn & # ;... To have a plan where everyone is on the case name to see the full text the. To requests for comment Sheet ) ( Coffman, Matthew ) ( Coffman, Matthew ) ( Entered: )., 10-11 ), and asked about other available job opportunities human resources representative fired February. Not advance at the facility unless he approved it this public record being published online the! That she would not advance at the facility unless he approved it survive. 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