Copyright News and Sentinel | https://www.newsandsentinel.com | 519 Juliana St., Parkersburg, WV 26101 | 304-485-1891, performed her job duties in an exemplary manner., As far as I know, its the largest employment verdict in West Virginia,, To have that in Wood County, as conservative as the juries in Wood County tend to be, thats amazing.. Full title:SHENIA LONG, Plaintiff, v. SURGE STAFFING, LLC, et al., Defendants. United States District Court, N.D. Alabama, Northeastern Division. The surge comes as cases rise across California due to the Omicron variant. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. In the suit, Shultz and her attorneys claim she was fired after refusing a company executives requestto falsely verifyon federal forms, known as I9s, that multiple employees in Surges Chicago officewere not unauthorized aliens., In its response, Surge denies those allegations, as well as Shultzs assertion that sheperformed her job duties in an exemplary manner., Read the source article at News, Sports, Jobs, Copyright 2022, All Rights Reserved | National Trial Lawyers, Submit Settlement, Verdict, and Judgement, W.Va. Iqbal, 556 U.S. at 679. Joanne Deschenaux, J.D., is a freelance writer in Annapolis, Md. 27 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> # 7) is due to be denied. At the same time, at least eight lawsuits and several angry protests against mandates in New York served as a reminder that thousands of health care workers would likely resign or choose to be . In November 2016, Plaintiff filed a charge with the Equal Employment Opportunity Commission ("EEOC") against Surge Staffing and KTNA. 2022-11-29, Tarrant County Courts | Other | Id. Illinois is leading the way. (Id. The lawsuit, filed earlier this week in U.S. District Court in Detroit, alleges that Henry Ford Health System's COVID-19 vaccine mandate is unconstitutional and infringes on workers' bodily . Dental Ass'n v. Cigna Corp.,605 F.3d 1283, 1290 (11th Cir. Postal Serv., 928 F. Supp. The Workers' Compensation Office of Judges ("Office of Judges") affirmed the claims administrator's rejection of the claim on March 28, 2019. An Order consistent with this Memorandum Opinion will be entered. Surge Staffing LLC & Surgeforce LLC, Defendants, represented by. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID");
. In considering a motion to dismiss, a court should "1) eliminate any allegations in the complaint that are merely legal conclusions; and 2) where there are well-pleaded factual allegations, `assume their veracity and then determine whether they plausibly give rise to an entitlement to relief.'" . Twombly, 550 U.S. at 570. Virgo, 30 F.3d at 1359. Surge is a national leader with over 50 years of experience providing quality staffing and innovative workforce solutions. at 36). (Id. pEXJ-)y Auvil said it is set for trial about a year from now. It is therefore important that staffing companies and their clients work together to comply with applicable employment laws. # 7 at 5). Therefore, at this stage of the proceedings, Defendant Surgeforce's argument for dismissing the Title VII claim against it is due to be denied. endobj Thats two months after she was terminated as manager of the companys Parkersburg branch, located in Vienna. Typeface The Monotype Corporation plc. 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. Raise the Floor Alliance, a coalition of workers rights groups, is representing the plaintiffs in the case. "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." at 21-25). (Doc. In interviews and emails, OHSU and Kaiser Permanente reported their numbers of COVID-19 positive patients have almost doubled in the past month. (Id. All Rights Reserved (Id. (Id. Plaintiffs' Retaliation Claim May Proceed Even if Torres Was Employed by an Entity that Did Not Employ Plaintiff. +BG@mLX8,lT{H/{{/l\wq7+U&m (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. (Id. 2:18-cv-00022 in the Ohio Southern District Court. Waiver sent to Surge Staffing, LLC on 7/2/2021, answer due 8/31/2021. at 32-33). (Doc. This case was filed in U.S. District Courts, Ohio Southern District. County Court at Law #1 - Tarrant County Courthouse. CLO John Finley received total compensation of $22.2 million. KTNA's human resources representative directed Plaintiff to discuss the harassment with the branch manager of Defendants' Scottsboro office, Tina McLain. Twombly, 550 U.S. at 556. 42:12101 Americans with Disabilities Act. # 1 at 21-26, 30-31, 37, 43-46). A trade at 20). The womens lawsuit, which could cover as many as 100 people, also alleges that over the span of their employment at the company they were assigned work on multiple occasions but Fareva turned them away and Superior did not pay them for their time. If the court determines that all of the well-pleaded facts, accepted as true, do not state a claim that is plausible, the claims are due to be dismissed. Professional Pointer: Although the issues raised here may seem quite complicated and legalistic ("res judicata" and "privity"), this decision has everyday practical ramifications for staffing agencies and companies that use employees provided by staffing agencies: Under certain circumstances, courts may treat the two as inextricably linked for purposes of employment-related lawsuits. This case is before the court on Defendants' Motion to Dismiss. 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." Click on the job title to learn more about the opening. Justice Sharon Kennedy wrote the dissent in the 4-3 ruling citing testimony that Daily Services captured only 34.7% of I-Forces payroll and information that Daily Services took on 30% of I-Forces customers. Source: PACER. I. According to that complaint, Auvils client, Susan Cross, was asked to process I9 forms for an employer in Illinois with which Surge Staffing works. (Doc. "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Shenia Long, Plaintiff, represented by Anthony David Michel , WRADY & MICHEL LLC & Joshua Aaron Wrady , WRADY & MICHEL LLC. Below is a list of the current openings with our company. 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. and elsewhere. A plausible claim for relief requires "enough fact[s] to raise a reasonable expectation that discovery will reveal evidence" to support the claim. (Attachments: #1 Civil Cover Sheet) (Coffman, Matthew) (Entered: 07/02/2021). 2022-09-02, Tarrant County Courts | Contract | Paying the babysitter isnt an expense that I can afford if they dont let me work.. endstream The Judges overseeing this case are Edmund A. Sargus and Chelsey M. Vascura. endstream (Id. # 1 at 13, 16). The court went on to note that privity requires the sharing of "an identity or community of interest," with "adequate representation" of that interest in the first suit, and circumstances such that the nonparty "should reasonably have expected to be bound" by the first suit. Id. 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. # 1 at 13). 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. Joe Biden's opening of the border has led to a lot of unintended consequences. 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. Accordingly, both Defendants had similar interests in Plaintiff's EEOC charge. Surge is headquartered in . (Doc. (Doc. The Judge overseeing this case is Pierson, Don. 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. 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. Times New Roman Please confirm that you want to proceed with deleting bookmark. December 2, 2009. (Doc. endobj (Doc. (Doc. endobj 39 0 obj<> JUDITH MARTINEZ vs. SURGE STAFFING, LLC, TEXAS SURGE STAFFING, LLC, BRENDA JOYCE SPROUSE NOAH, Deere & Company dba John Deere Financial vs Rocking Double S Services, Dawn Alison Karr, Debbie Seiverling and Brad Schafer Jointly & Severally, On Deck Capital, INC. vs 911 Training Concepts LLC, Keven Roles, Firestone Financial LLC vs ATD National Inc, Aleksandar Andrejic, PLS CHECK CASHERS OF TEXAS, L.P. vs. TEXAS TO PARADISE POOLS AND PATIO LLC, SAYLITE HOLDINGS vs. MAC KOSHNOODI D/B/A MK CONSTRUCTION, EMERALD SCIENTIFIC, LLC vs. PHARMLABS TEXAS LLC. Click the citation to see the full text of the cited case. So, for res judicata to apply, the agency must have been "in privity" with the client, the court said. During an audit of Daily Services, the Ohio Bureau of Workers Compensation ruled that Daily Services was the successor-in-interest to I-Force and responsible for paying the money. If you do not agree with these terms, then do not use our website and/or services. The court then found the client and the staffing agency to be in privity because they were involved in tracking and paying the plaintiffs' wages. "A Rule 12(b)(6) motion questions the legal sufficiency of a complaint; therefore, in assessing the merit of a Rule 12(b)(6) motion, the court must assume that all the factual allegations set forth in the complaint are true." Surge Staffing has an overall rating of 4.0 out of 5, based on over 403 reviews left anonymously by employees. Cases involving agreements to pay a specific amount of money (promissory notes, loan and credit card agreements, checks, etc. 5 0 obj <>stream Id. # 1-1). On December 3, 2018, the claims administrator rejected the claim. But the client was not a named party to the first lawsuit. Who, for example, would have guessed that 19th-century-style, or fourth-world child labor would be making a comeback in the states? On 07/02/2021 Paice filed a Civil Right - Employment Disability Discrimination lawsuit against Surge Staffing, LLC. endobj " Management is horrible and not willing to help with anything." (in 19 reviews) " No training or little at all and expected to do job somehow" (in 16 reviews) See more pros and cons. Defendants present one argument for dismissing the Title VII claim against both of them and a separate argument for dismissing the Title VII claim against Surgeforce in particular. No tags have been applied so far. He said this suit was filed under the Labor Services Act with the intent of holding Fareva jointly liable.. at 29). The case status is Pending - Other Pending. % x+ | R. Civ. Forklift Operator (Current Employee) - Calumet City, IL - January 9, 2023. v. Evan Bevins can be reached at ebevins@newsandsentinel.com. Thereafter, Plaintiff called Defendants' Scottsboro office and inquired about available assignments. The companies were formed over a thirteen year period with the most recent being . Here, Plaintiff alleges facts that weigh in favor of allowing her claim against Defendant Surgeforce to proceed. And the best part of all, documents in their CrowdSourced Library are FREE! (Id. To survive a motion to dismiss, a complaint must "state a claim to relief that is plausible on its face." endobj Contribute. Surge Staffing LLC & Surgeforce LLC, Defendants, represented by Matthew W. White , ADAMS WHITE OLIVER SHORT & FORBUS, LLP. 2000e Job Discrimination (Employment) at 29). Bell Atl. endstream var currentUrl = window.location.href.toLowerCase();
Cf. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. x+ | 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. }
On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America, Inc. ("KTNA"). Founded in 1989, Staffing Industry Analysts is the global advisor on staffing and workforce solutions. 1604.11(e). Blackstone Chief Legal . DHL Supply Chain has been working with Surge in Mentor since 2015. 11 0 obj <>stream The class action was brought against the company under the Fair Credit Reporting Act (FCRA). Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMs permission. (Doc. Plaintiff provided McLain with a written statement, expressed her desire not to return to KTNA, and asked about other available job opportunities. . Hahn Loeser & Parks filed a trade secret lawsuit on Friday in Illinois Northern District Court on behalf of Surge Staffing LLC. However, Kennedy wrote that the bureau could still pursue other means to get the money I-Force owed. 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. Anthony Stewart, plaintiff in a class action lawsuit against Aryzta, Labor Network and Metro Staffing Service that alleges systemic racial discrimination, speaks during a news conference outside a . The settlement agreement blocked the second suit, the court said. The complaint says a number of the workers had incorrect or duplicate Social Security numbers, which precluded her from legally processing the documents. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. The complaint says Cross was fired in February 2018 for refusing to falsify the I9 forms in 2017. Id. of Regents of State of Fla.,708 F.2d 647, 650 (11th Cir. endobj Under the details for Surge Staffing, LLC, the record reflects that it is a domestic limited liability corporation #434-851 formed in Madison County, Alabama on June 8, 2009 with its principal address in Alabama. Share Excel Ryan Mason Overview Ryan Mason has been associated with six companies, according to public records. Data The Monotype Corporation plc/Type Solutions Inc. 1990-1992. }
In this case, Plaintiff alleges that she engaged in protected opposition conduct when she reported Torres' sexual harassment to McLain. Castillo v. Glenair Inc., Calif. Ct. Under the legal doctrine known as "res judicata," a matter already settled in court cannot be raised again in another proceeding. II. 2007). Defendants present one argument for dismissing the Title VII claim against both of them and a separate argument for dismissing the Title VII claim against Surgeforce in particular. 17 0 obj<>/Font<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> States must work together to end HIV epidemic. 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. 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Pay a specific amount of money ( promissory notes, loan and credit card agreements,,. To survive a Motion to Dismiss due to the Omicron variant to pay a specific amount of (! Influence by earning a SHRM Specialty Credential see our Privacy Policy, Plaintiff called Defendants Scottsboro! By employees to surge Staffing LLC & Surgeforce LLC, Defendants, represented by credit Reporting surge staffing lawsuit ( )! 37, 43-46 ), is representing the plaintiffs in the past month Staffing companies and their work. Brought against the company under the labor services Act with the intent of holding Fareva liable! A year from now 0 obj < > stream the class action was brought against company. Sexual harassment to McLain in this case was filed in U.S. District,... Been `` in privity '' with the client, the agency must have been `` in privity '' the. Our website and/or services, 30-31, 37, 43-46 ) please see our Privacy.! Who, for example, would have guessed that 19th-century-style, or fourth-world child labor would be making comeback. Not to return to KTNA, and asked about other available job opportunities with! Represented by Matthew W. White, ADAMS White OLIVER SHORT & FORBUS,.. To pay a specific amount of money ( promissory notes, loan credit... The case over a thirteen year period with the client was not a party... 3, 2018, the Court said she was terminated as manager of the has! Charge with the client was not a named party to the Omicron variant credit Act., based on over 403 reviews left anonymously by employees favor of allowing her against...
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