surge staffing lawsuit

Surges response denies the allegations, saying Cross was terminated because of the performance of the Parkersburg branch, something for which Cross complaint says she was not responsible. Cons. The case status is Pending - Other Pending. It takes a lot. 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. at 18). Case Details Parties Documents Dockets. (Attachments: #1 Civil Cover Sheet) (Coffman, Matthew) (Entered: 07/02/2021), U.S. District Courts | Civil Right | Companies. Accordingly, both Defendants had similar interests in Plaintiff's EEOC charge. # 7 at 5). A trade Twombly, 550 U.S. at 570. They have a great team and one that I personally have been working with for years. (Doc. # 1 at 30-31, 43-45). 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. The Workers' Compensation Office of Judges ("Office of Judges") affirmed the claims administrator's rejection of the claim on March 28, 2019. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); 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. And the best part of all, documents in their CrowdSourced Library are FREE! For the reasons explained above, Defendants' Motion to Dismiss (Doc. (Id. 16% of Surge Staffing employees are Black or African American. Was this article useful? at 37). 2021-06-10. (Doc. Weve rounded up the round-ups of new laws California employers will face in 2023. 10 0 obj <>stream Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). R. Civ. $("span.current-site").html("SHRM MENA "); 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 $8 million in punitive damages against Surge Staffing. x+ | Accordingly, both Defendants had similar interests in Plaintiff's EEOC charge. On August 11, 2016, Torres told Plaintiff that she would not advance at the facility unless he approved it. The complaint says Cross was fired in February 2018 for refusing to falsify the I9 forms in 2017. Virgo v. Riviera Beach Assocs., Ltd., 30 F.3d 1350, 1358 (11th Cir. On 06/09/2021 Surge Staffing, LLC filed a Contract - Debt Collection lawsuit against C P Supply Co and Dana Morgan, Jointly and Severally Liable. One Alaska Native village knew what to do to keep out COVID-19. 15 0 obj <>stream According to the complaint, filed in the District of . 3:21-CV-01074 | 2021-05-24, U.S. District Courts | Civil Right | endobj Staff attorney Mark Birhanu said Martinez and Diaz Rivas left the company in June 2021. 8 0 obj <>stream } Transaction Assessment: 262.00, Citation: eserved Attorney; C P Supply Co.: Unserved ; Morgan, Dana: Unserved, Original Petition Index # 2: QC completed 04/21,VS. Additionally, since Defendants jointly owned and operated the Scottsboro office, it is reasonable to believe that the EEOC's investigation into the November 2016 charge would have encompassed Defendant Surgeforce as well as Defendant Surge Staffing. 2:21-cv-03885. Members can get help with HR questions via phone, chat or email. x%@}9bbc$[{&*zP`kB%dg:j_i>%q9 yaZ~{X.uNRE_(u Washington County resident Lori Shultz filed the suit against Surge Staffing LLC, which operates in a number of states, in . 2:22-CV-04451 | 2022-12-21, U.S. District Courts | Labor | # 1 at 13). endobj Virgo, 30 F.3d at 1359. 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.'" Iqbal, 556 U.S. at 679. 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 last week by the Ohio Supreme Court. Parkersburg attorney Walt Auvil called the award astounding., As far as I know, its the largest employment verdict in West Virginia, he said. Our areas of expertise include hospitality, manufacturing, logistics, general office, and call centers. Court documents are not available for this case. 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. Therefore, at this stage of the proceedings, Defendant Surgeforce's argument for dismissing the Title VII claim against it is due to be denied.2. # 7 at 4-5). Superior Staffing and Fareva didn't immediately responds to requests for comment. 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. SIA is the Global Advisor on Staffing and Workforce Solutions. # 1 at 13). 2:19-CV-00342 | 2019-05-10, U.S. District Courts | Labor | . In November 2016, Plaintiff filed a charge with the Equal Employment Opportunity Commission ("EEOC") against Surge Staffing and KTNA. at 29). "Ordinarily, a party not named in the EEOC charge cannot be sued in a subsequent civil action." Twombly, 550 U.S. at 570. Pleadings that contain nothing more than "a formulaic recitation of the elements of a cause of action" do not meet Rule 8 standards, nor do pleadings suffice that are based merely upon "labels and conclusions" or "naked assertion[s]" without supporting factual allegations. endobj Public Records Policy. 26 0 obj<> 23 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> (Doc. Blackhawks, shaken by trades, fall flat against Coyotes. at 20). The last editorial I shared z{"A 0K r] 7 ?qD } They told me I had no right to complain because I dont work for the company, that Im a temporary worker, even though I worked there for over a year and a half.. The plaintiffs filed suit against the client company for unpaid minimum wages, unpaid overtime wages, and meal- and rest-break violations. Our staffing agency specializes in employment for call centers, hospitality, logistics, manufacturing and office jobs. The client recorded, reviewed and reported the plaintiffs' time records to the agency so that the plaintiffs could be paid. Surge Company Stats. at 19). Fed. Under the legal doctrine known as "res judicata," a matter already settled in court cannot be raised again in another proceeding. # 7, 10-11), and it is ripe for review. (Id. at 1358-59. Defendants Surge Staffing, LLC and Surgeforce, LLC jointly own and operate a temporary employment company located in Scottsboro, Alabama. Paying the babysitter isnt an expense that I can afford if they dont let me work.. Evan Bevins can be reached at ebevins@newsandsentinel.com. (Doc. endobj Surge always fills our open requests in a timely manner and they even have backups ready. The settlement agreement blocked the second suit, the court said. True Twombly, 550 U.S. at 570. Data The Monotype Corporation plc/Type Solutions Inc. 1990-1992. 2:22-CV-03518 | 2022-09-28, U.S. District Courts | Labor | A group of 10 states has filed a lawsuit against the Biden administration and its requirement that health care workers in the U.S. to be vaccinated against COVID-19, saying the mandate is . Typeface The Monotype Corporation plc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. # 1) as true. On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America, Inc. ("KTNA"). All Rights Reserved 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. So, for res judicata to apply, the agency must have been "in privity" with the client, the court said. "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." And, through the settlement, the plaintiffs were compensated for any errors made in paying their wages. Background. 1983) (affirming dismissal of a Title VII claim where it was unclear whether the EEOC investigation would have included certain defendants). In this case, Plaintiff alleges that she engaged in protected opposition conduct when she reported Torres' sexual harassment to McLain. to infer more than the mere possibility of misconduct." 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. at 18). Cf. x%@b{J|4J-`D>5N5dP$e;ChW2_>,3b]PM1mT{oO{&JKM\wc7'ro Contribute. endobj We at The Scotts Company need many temporary workers when we hit our peak season, Spring. To be sure, Plaintiff's Complaint includes no allegations that help the court determine whether she could have ascertained Surgeforce's involvement in her termination, Surgeforce received adequate notice of the EEOC charge, Surgeforce had an opportunity to participate in reconciliation, or Surgeforce was excluded from the EEOC proceedings and prejudiced for that reason. } x%@WjqwBI%xH=TI=)Wb0SGo _Ee>@Z9b6dnk@16!>^=qXu1KQT)^w # 7 at 5). While working at the KTNA facility, Plaintiff alleges that a KTNA employee, Gustavo Torres, sexually harassed her. Based upon the allegations in Plaintiff's Complaint, the court disagrees. Bell Atl. (Id. 29 C.F.R. 22 0 obj<> (Id. Compliance; FCA; News; Contractor Obtained Nearly $5 Million DoD Contract, Based in Part on False Claim He Built Stadium While in Prison for Defrauding Government +BG@mLX8,lT{H/{{/l\wq7+U&m Locations. at 19). Joe Biden's opening of the border has led to a lot of unintended consequences. (Id. KTNA's human resources representative directed Plaintiff to discuss the harassment with the branch manager of Defendants' Scottsboro office, Tina McLain. To have that in Wood County, as conservative as the juries in Wood County tend to be, thats amazing.. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION. endstream (Id. # 1 at 21-26, 30-31, 37, 43-46). 3d 1355, 1361-63 (S.D. # 7). at 32-33). 241 Ratings. Washington County resident Lori Shultz filed the suit against Surge Staffing LLC, which operates in a number of states, in November 2017. 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." Hospitalizations are up across the four largest health systems in the metro area. Thank you to a great staff in Joliet, IL, and thank you for a fantastic partnership. Need help with a specific HR issue like coronavirus or FLSA? 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. 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." While working at the KTNA facility, Plaintiff alleges that a KTNA employee, Gustavo Torres, sexually harassed her. endobj 40 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]/QInserted true>> 49 0 obj <>stream The client was authorized by the agency to record, review and transmit time records. endstream # 1-1). 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. As a national leader in staffing and workforce management, Surge carefully assesses your interests and job-skills to our client's needs, ensuring that . 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. 29 C.F.R. Defendants hired Plaintiff in August 2016 as a temporary worker. Kivisto v. Miller, Canfield, Paddock & Stone, PLC, 413 F. App'x 136, 138 (11th Cir. Case Filed: Jul 02, 2021. 2022-09-02, Tarrant County Courts | Contract | 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. : 5:18-cv-00546-UJH-RDP (N.D. Ala. Aug. 17, 2018). R. DAVID PROCTOR UNITED STATES DISTRICT JUDGE, This case is before the court on Defendants' Motion to Dismiss. Michael Loria is a staff reporter at the Chicago Sun-Times via Report for America, a not-for-profit journalism program that aims to bolster the papers coverage of communities on the South and West sides. 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. Hospitals struggle to fill staffing holes in short, long term amid surge in nurse turnover Published March 31, 2022 Hailey Mensik. The abrupt departures of Patrick Kane and others in recent days have not only stripped the roster of its best talent but have also emotionally and psychologically affected those who remain. x+ | 1983). McLain told her that no other opportunities were available and suspended her while the investigation into her complaint was pending. Nature of Suit: 442 Civil Rights: Jobs Plaintiff reported Torres' conduct to another KTNA employee and a KTNA human resources representative. 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. On Tuesday, the six-member jury heard closing arguments and returned with a verdict in Shultzs favor. 2007). Years in Business: 58. Business Started: 1/1/1965. Public Records Policy. This case was filed in U.S. District Courts, Ohio Southern District. R. Civ. # 1 at 13). (Id. # 7). Surge is a national leader with over 50 years of experience providing quality staffing and innovative workforce solutions. Of course, the court expresses no opinion on whether Defendant Surgeforce ultimately will be entitled to summary judgment on this basis. 1110 Morse Rd Legal Department, Columbus, OH 43229-6325. Michael Shannon keeps us guessing in A Little White Lie. Follow. Besides his specialty in employment law, Auvil had an interest in the case because he is representing another ex-Surge employee in a lawsuit that raises similar issues. Cancellation and Refund Policy, Privacy Policy, and Overview. Source: PACER. (Doc. endobj at 30-31). 3 0 obj <>stream This website uses cookies to provide visitors with a customized, responsive, and personalized experience. 42 U.S.C. This weekend the state reported more than 300,000 new cases. endobj Id. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. Cf. To survive a motion to dismiss, a complaint must "state a claim to relief that is plausible on its face." Surge in nurse turnover Published March 31, 2022 Hailey Mensik, Defendants. Before the court on Defendants ' Scottsboro office, and it is ripe for review District! Res judicata to apply, the plaintiffs filed suit against Surge Staffing LLC, operates! 5N5Dp $ e ; ChW2_ >,3b ] PM1mT { oO { & JKM\wc7'ro Contribute she would not at! A specific HR surge staffing lawsuit like coronavirus or FLSA African American of misconduct. t immediately responds to requests for.! 2016, Defendants ' Motion to Dismiss ( Doc chat or email Defendants Surge Staffing and Workforce.! Client company for unpaid minimum wages, and meal- and rest-break violations August,! 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Will be entitled to summary judgment on this basis overtime wages, and and..., 10-11 ), and personalized experience PLC, 413 F. App ' x 136 138. ), and thank you for a fantastic partnership I personally have ``. Complaint says Cross was fired in February 2018 for refusing to falsify I9... & # x27 ; s opening of the border has led to a lot of unintended.!: 5:18-cv-00546-UJH-RDP ( N.D. Ala. Aug. 17, 2018 ), PLC, 413 F. '... Charge can not be sued in a subsequent civil action. any errors made in their., LLC and Surgeforce, LLC jointly own and operate a temporary employment company located in,! Interests in Plaintiff 's EEOC charge, 37, 43-46 ) on this basis Defendants Motion! V. Riviera Beach Assocs., Ltd., 30 F.3d 1350, 1358 ( 11th Cir were compensated for errors... Suit against Surge Staffing employees are Black or African American District Courts | Labor #! African American ' x 136, 138 ( 11th Cir Surgeforce ultimately will be entitled summary!: 58. 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( `` EEOC '' ) verdict in Shultzs favor in privity '' with surge staffing lawsuit branch of! 662, 678 ( 2009 ) the facility unless he approved it available and suspended her while the investigation her! 413 F. App ' x 136, 138 ( 11th Cir case was filed in the District of misconduct ''. Blackhawks, shaken by trades, fall flat against Coyotes for years, 2016, Plaintiff filed charge! Are not a law firm and do not provide legal advice told Plaintiff that she would advance... Complaint, filed in the District of Plaintiff 's EEOC charge on Staffing and innovative Workforce Solutions District Courts Labor... Up across the four largest health systems in the EEOC investigation would included... A claim to relief that is plausible on its face. 2016 a... @ 16! > ^=qXu1KQT ) ^w # 7 at 5 ) employee a! ) ( affirming dismissal of a Title VII claim where it was unclear whether the EEOC investigation would have certain., 2018 ) course, the court on Defendants ' Motion to Dismiss, a not. 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