A mother of a 3-year-old boy with Down syndrome, Diaz Rivas had to pay a nanny when she went to work. and elsewhere. The parties in the second proceedingor parties "in privity" with themmust have been parties to the first proceeding. Connections. at 555, 557. (Id. Virgo, 30 F.3d at 1359. } This appeal . 2022-08-01, Dallas County District Courts | Contract | 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. (Doc. Twombly, 550 U.S. at 570. Specialties: Surge is a national leader with over 50 years of experience providing quality staffing and innovative workforce management solutions. In January 2018, the EEOC issued her a right-to-sue letter. 2:22-CV-04451 | 2022-12-21, U.S. District Courts | Labor | Of course, the court expresses no opinion on whether Defendant Surgeforce ultimately will be entitled to summary judgment on this basis. 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. Members can get help with HR questions via phone, chat or email. The court found the Columbus, Ohio-based firm wholly succeeded another firm, I-Force LLC, which owed the money. The case status is Pending - Other Pending. endobj Cons. According to court documents, the jury awarded Shultz $340,000 for emotional distress, $75,000 for humiliation and $10,000 in back pay, along with assessing $8 million in punitive damages against Surge Staffing. While we have used other suppliers, never have any provided the strongest customer service, quickest response time, and overall committed service than Surge. Cases involving employment discrimination of disabled individuals, Americans with Disabilities Act (ADA) - 42 USC 12101-12213, (#2) WAIVER OF SERVICE Returned Executed. Because it did not receive all of I-Forces customers, it did not wholly succeed the company, according to the dissent. Join/Renew Nowand let SHRM help you work smarter. endobj A plausible claim for relief requires "enough fact[s] to raise a reasonable expectation that discovery will reveal evidence" to support the claim. 15 0 obj <>stream SHENIA LONG, Plaintiff, +BG@mLX8,lT{H/{{/l\wq7+U&m Wrongful termination suit yields $8M verdict, performed her job duties in an exemplary manner., Man Receives $22.9M Settlement for Suffering Brain Injuries, Paralysis After Accident, USC to Pay $13M to Settle Class Action Lawsuit Over ERISA Violations, Amazon to Pay $7.2M to Settle Lawsuit Over Security Screening Pay, $3.5M Lawsuit Filed Against FedEx for Fatal Forklift Accident of Employee, The Celebration Of Black History Month And Notable Figures, Mormon Church to Pay $5M for Covering Up Investment Portfolio, Baton Rouge, Louisiana to Pay $1.17M in Protest Lawsuit, Court Orders Owner of Nursing Home Chain to Pay $15.7M Over Womans Death, Seattle Agrees to Pay $3.6M to Business Owners in 2020 CHOP Zone Lawsuit, Ski Resort Operator to Pay $17.5M to Settle Lawsuit Over 2020 Ski Area Shutdowns, Man Receives $9.15M After Being Dragged by San Francisco Train, Game Developer to Pay $415M for Violating Washingtons Gambling Laws. Our national network has connected more than 122,000 employees on an annual basis and growing. P. 8(a)(2). . at 21-25). Cancellation and Refund Policy, Privacy Policy, and Id. at 1358-59. x+ | % 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. Additionally, since Defendants jointly owned and operated the Scottsboro office, it is reasonable to believe that the EEOC's investigation into the November 2016 charge would have encompassed Defendant Surgeforce as well as Defendant Surge Staffing. In this action, Plaintiff raises one claim of retaliation under Title VII of the Civil Rights Act for her termination. Eventually, another employee of Surge Staffing and Surgeforce informed Plaintiff that McLain had terminated her "on or about August 11, 2016, without conducting an investigation." All Rights Reserved. endobj The class action was brought against the company under the Fair Credit Reporting Act (FCRA). 8 0 obj <>stream (Doc. Raise the Floor Alliance, a coalition of workers rights groups, is representing the plaintiffs in the case. Hospitals struggle to fill staffing holes in short, long term amid surge in nurse turnover Published March 31, 2022 Hailey Mensik. Plaintiff reported Torres' conduct to another KTNA employee and a KTNA human resources representative. Times New Roman 11 0 obj <>stream } Title VII prohibits employers and employment agencies from discriminating against any individual "because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter." # 7 at 4-5). In addition, it found I-Force regional supervisors contacted I-Force clients about signing new contracts and saying it was only a name change with no disruption in services. at 1358-59. x%@}9bbc$[{&*zP`kB%dg:j_i>%q9 yaZ~{X.uNRE_(u The bureau found I-Forces permanent employees, leases and contracts were transferred to Daily Services the weekend before I-Force ceased doing business. Surge staffing is a good company to work for although they do not have a lot of benefits they will keep you working until you can get permanent employment. Washington County resident Lori Shultz filed the suit against Surge Staffing LLC, which operates in a number of states, in . 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. Both arguments are unavailing. That suit was filed in May in Wood County Circuit Court but was moved to U.S. District Court for the Southern District of West Virginia at the request of Surge. 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. at 36). Surge is unlike other staffing agencies in that we work to build personal, long-term partnerships with our customers and associates. Was this article useful? $(document).ready(function () { Nodd v. Integrated Airline Servs., Inc., 41 F. Supp. See Hamm, 708 F.2d at 650. 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. Ryan Mason. Nicole Lee heads toward runoff, Former prosecutor Bill Conway wins aldermanic race in newly drawn Fulton Market, West Loop ward, Crime defines Chicago mayoral race: The No. Case No. Civil Right - Employment Disability Discrimination, Docket(#2) WAIVER OF SERVICE Returned Executed. Click on the case name to see the full text of the citing case. Mays v. U.S. endobj Case Details Parties Documents Dockets. After careful review, and for the reasons explained below, Defendants' Motion (Doc. Paying the babysitter isnt an expense that I can afford if they dont let me work.. 11% of Surge Staffing employees are Hispanic or Latino. at 36). Defendants' argument that Torres could not have committed sexual harassment prohibited by Title VII is contradicted by the EEOC's sexual harassment regulations. 2022-09-02, Tarrant County Courts | Contract | 2:22-CV-03372 | 2022-09-07. 3. # 1 at 13). In this action, Plaintiff raises one claim of retaliation under Title VII of the Civil Rights Act for her termination. Typeface The Monotype Corporation plc. Full title:SHENIA LONG, Plaintiff, v. SURGE STAFFING, LLC, et al., Defendants. Case docket: Cross v. Surge Staffing, LLC, 2:19-cv-00455 in West Virginia Southern District Court, Judge John T. Copenhaver, Jr. presiding, last filing 09/23/2020, filed 06/14/2019. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. Please log in as a SHRM member before saving bookmarks. x+ | Our national network has connected more than 122,000 . # 1 at 40-46). Surge Staffing is a provider of recruiting and staffing agency specializing in the placement of professionals in the contact centers, hospitality, logistics, manufacturing, administrative, automotive, and technology industries. (Id. 2010)). 2:19-CV-00342 | 2019-05-10, U.S. District Courts | Labor | endstream An Order consistent with this Memorandum Opinion will be entered. 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 . An Order consistent with this Memorandum Opinion will be entered. at 5). (Doc. Defendants hired Plaintiff in August 2016 as a temporary worker. endobj at 27-28). Terminated: Feb 24, 2022. Twombly, 550 U.S. at 570. endstream The last editorial I shared On days when she was turned away, she still had to pay the nanny. The client was authorized by the agency to record, review and transmit time records. at 20). at 30-31). 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