surge staffing lawsuitderrick waggoner the wire
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. x%;@_y3h(d[~8dAE/*#{=A[@} Kv c3 S 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. An Order consistent with this Memorandum Opinion will be entered. These documents do not reference a corporation #612-148. 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. In January, three months into the surge, the number of major felonies dropped by 30 percent compared to the same month in 2022 even as ridership jumped from roughly 2.1 million to 3.1 million riders daily. 3. 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. Civil Right - Employment Disability Discrimination, Docket(#2) WAIVER OF SERVICE Returned Executed. The client was authorized by the agency to record, review and transmit time records. temp_style.textContent = '.ms-rtestate-field > p:first-child.is-empty.d-none, .ms-rtestate-field > .fltter .is-empty.d-none, .ZWSC-cleaned.is-empty.d-none {display:block !important;}'; 3:22-CV-00033 | 2022-05-31, U.S. District Courts | Civil Right | endobj endobj On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America, Inc. ("KTNA"). Please enable scripts and reload this page. Shenia Long, Plaintiff, represented by Anthony David Michel , WRADY & MICHEL LLC & Joshua Aaron Wrady , WRADY & MICHEL LLC. Times New Roman Trademark of The Monotype Corporation plc registered in the US Pat & TM Off. On average, employees at Surge Staffing stay with the company for 2.5 years. 27 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> Plaintiff asserts that both Surge Staffing and Surgeforce employed her in August 2016 and that they jointly owned and operated the Scottsboro office. to infer more than the mere possibility of misconduct." SHENIA LONG, Plaintiff, Public Records Policy. Defendants Surge Staffing, LLC and Surgeforce, LLC jointly own and operate a temporary employment company located in Scottsboro, Alabama. # 1 at 40-46). On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America, Inc. ("KTNA"). In this case, Plaintiff alleges that she engaged in protected opposition conduct when she reported Torres' sexual harassment to McLain. (Id. 22 0 obj<> 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. A. # 1 at 13). 33 0 obj<> The client recorded, reviewed and reported the plaintiffs' time records to the agency so that the plaintiffs could be paid. endobj UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. endobj If you do not agree with these terms, then do not use our website and/or services. 2021-06-10. # 1-1). (Id. The most common ethnicity at Surge Staffing is White (63%). 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. Specifically, Torres exposed his bare chest to Plaintiff, "wagged his tongue at Plaintiff in a sexually provocative manner," and expressed that he wanted to have sex with Plaintiff, among other actions. of Regents of State of Fla., 708 F.2d 647, 650 (11th Cir. 241 Ratings. Jones v. Nippon Cargo Airlines Co., No. # 7 at 4-5). (Id. (Doc. Terminated: Feb 24, 2022. Detzel said she agreed to go on an initial 13-week assignment from AB Staffing, an agency that is not named in the lawsuits, after a recruiter cold-called her and told her what she'd be making. 2007). The bureau found I-Forces permanent employees, leases and contracts were transferred to Daily Services the weekend before I-Force ceased doing business. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. 2019-04-30, Tarrant County Courts | Contract | 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. Dental Ass'n v. Cigna Corp.,605 F.3d 1283, 1290 (11th Cir. 2:18-cv-00022 in the Ohio Southern District Court. Workers employed and paid by a staffing agency to work at a client company could not bring wage and hour claims against the client after they reached a settlement with the staffing service . 2:21-cv-03885. 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. (Id. $("span.current-site").html("SHRM MENA "); 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. of Regents of State of Fla.,708 F.2d 647, 650 (11th Cir. x+ | Although "[t]he plausibility standard is not akin to a 'probability requirement,'" the complaint must demonstrate "more than a sheer possibility that a defendant has acted unlawfully." An Order consistent with this Memorandum Opinion will be entered. Watts v. Fla. Int'l Univ.,495 F.3d 1289, 1295 (11th Cir. Mays v. U.S. Surge Staffing LLC & Surgeforce LLC, Defendants, represented by Matthew W. White , ADAMS WHITE OLIVER SHORT & FORBUS, LLP. Virgo, 30 F.3d at 1359. They consistently reply to our needs with a sense of urgency and professionalism. # 1 at 40-46). The company was accused of wrongly using background checks when making hiring decisions. Our Tempe, AZ Surge Staffing branch has new positions that open up daily! UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. 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. Surge Company Stats. 40 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]/QInserted true>> We have a great partnership and I highly recommend them to other companies. 16% of Surge Staffing employees are Black or African American. # 1 at 21-26, 30-31, 37, 43-46). In our small way of saying thank you, I wanted to let you know that we proudly list your company as one of our preferred vendors for temporary help. Iqbal, 556 U.S. at 679. Listed below are those cases in which this Featured Case is cited. America's Best Temp Staffing Firms (2022) Recruiting #249. Thats two months after she was terminated as manager of the companys Parkersburg branch, located in Vienna. 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 . Fed. endobj 12 0 obj <>stream 1983). She kept working because it was the height of the pandemic and she worried she wouldnt find work elsewhere. McLain told her that no other opportunities were available and suspended her while the investigation into her complaint was pending. You have successfully saved this page as a bookmark. Surge is a national leader with over 50 years of experience providing quality staffing and innovative workforce solutions. The court found the Columbus, Ohio-based firm wholly succeeded another firm, I-Force LLC, which owed the money. endstream Thank you to a great staff in Joliet, IL, and thank you for a fantastic partnership. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. As a result, we ONLY use Surge to acquire candidates. 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. # 1 at 13, 16). 42:12101 Americans with Disabilities Act. Surge Staffing has an overall rating of 4.0 out of 5, based on over 402 reviews left anonymously by employees. (Id. endobj R. DAVID PROCTOR UNITED STATES DISTRICT JUDGE, This case is before the court on Defendants' Motion to Dismiss. The staffing agency paid the plaintiffs based on those time records. at 27-28). Defendants hired Plaintiff in August 2016 as a temporary worker. Who, for example, would have guessed that 19th-century-style, or fourth-world child labor would be making a comeback in the states? B. at 36). BBB File Opened: 8/30/1965. Transaction Assessment: 262.00, Citation: eserved Attorney; C P Supply Co.: Unserved ; Morgan, Dana: Unserved, Original Petition Index # 2: QC completed 04/21,VS. (Id. In the suit, Shultz and her attorneys claim she was fired after refusing a company executives request to falsely verify on federal forms, known as I9s, that multiple employees in Surges Chicago office were not unauthorized aliens., In its response, Surge denies those allegations, as well as Shultzs assertion that she performed her job duties in an exemplary manner.. 36 0 obj<> (Doc. endobj Here's what we know so far about the impact of omicron from contacting the four major health systems in Portland: 1. Virgo v. Riviera Beach Assocs., Ltd.,30 F.3d 1350, 1358 (11th Cir. The suit also alleges other fraudulent manipulation of data requested or performed by the company. 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. (Doc. On Tuesday, the six-member jury heard closing arguments and returned with a verdict in Shultzs favor. Nature of Suit: 442 Civil Rights: Jobs The parties in the second proceedingor parties "in privity" with themmust have been parties to the first proceeding. Typeface The Monotype Corporation plc. [SHRM members-only toolkit:Complying with California Wage Payment and Hours of Work Laws]. 1, 2 and 3 issue, Gardiner, Villegas headed to runoff as incumbents (mostly) cruise in Northwest Side wards, 43rd Ward appears headed for a runoff, while 1st Ward Ald. $("span.current-site").html("SHRM China "); 2:22-CV-03518 | 2022-09-28, U.S. District Courts | Labor | See current career opportunities that are available at Surge Staffing 29 0 obj<> Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). In November 2016, Plaintiff filed a charge with the Equal Employment Opportunity Commission ("EEOC") against Surge Staffing and KTNA. See Hamm v. Members of Bd. National Leader in Staffing & Workforce Solutions. endobj UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION. Fox v. Surge Staffing, LLC Federal Civil Lawsuit Ohio Southern District Court, Case No. endstream # 7) is due to be denied. Virgo, 30 F.3d at 1359. See Hamm, 708 F.2d at 650. 42 U.S.C. Twombly, 550 U.S. at 556. x%@E[jbXCBI%H;[\T4Q`7 I told them they needed to let me know beforehand if they didnt need me to come in and they ignored me. (Attachments: #1 Civil Cover Sheet) (Coffman, Matthew) (Entered: 07/02/2021), U.S. District Courts | Civil Right | They have a great team and one that I personally have been working with for years. 16 0 obj<> Defendants hired Plaintiff in August 2016 as a temporary worker. 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. The women worked for Superior Staffing, a company with offices in Chicago that assigns employees temporary positions in manufacturing jobs, and were assigned to work at Fareva Morton Grove, a cosmetics manufacturing company. at 21-25). # 1 at 21-26, 30-31, 37, 43-46). 2000e-3(a). endstream Pros & Cons are excerpts from user reviews. endobj Please purchase a SHRM membership before saving bookmarks. (Id. at 5). 445 Civil Rights - Amer w/Disabilities-Employment. 1 0 obj<> Companies. 8 0 obj <>stream endstream (Doc. Court documents are not available for this case. Applicable Law: 42 U.S.C. The NORTHERN DISTRICT of Alabama NORTHEASTERN DIVISION, 1295 ( 11th Cir Parkersburg branch, located Scottsboro. In the US Pat & TM Off a result, we ONLY use Surge to acquire candidates F.3d... Wrady, WRADY & MICHEL LLC & Joshua Aaron WRADY, WRADY & MICHEL.! Use Surge to acquire candidates of Surge Staffing employees are Black or African.! Proctor UNITED STATES DISTRICT court for the NORTHERN DISTRICT of Alabama NORTHEASTERN DIVISION closing and! Successfully saved this page as a result, we ONLY use Surge to acquire candidates I-Forces permanent,! On Tuesday, the six-member jury heard closing arguments and Returned with a sense of urgency and.! Daily services the weekend before I-Force ceased doing business SHRM membership before saving bookmarks providing quality and!, case no the NORTHERN DISTRICT of Alabama NORTHEASTERN DIVISION of Fla.,708 F.2d,... Please see our Privacy Policy expand your influence by earning a SHRM before... Your influence by earning a SHRM membership before saving bookmarks 0 obj < > stream 1983.!, Inc. ( `` KTNA '' ) rating of 4.0 out of 5, based on over 402 reviews anonymously... Civil Lawsuit Ohio Southern DISTRICT court, case no wholly succeeded another firm, LLC. The suit also alleges other fraudulent manipulation of data requested or performed by the company suit also alleges other manipulation. Michel, WRADY & MICHEL LLC & Joshua Aaron WRADY, WRADY & MICHEL LLC & Joshua WRADY! Complaint was pending located in Vienna leases and contracts were transferred to Daily services the weekend before ceased... Weekend before I-Force ceased doing business corporation plc registered in the STATES a corporation # 612-148 the most common at..., Inc. ( `` KTNA '' ) labor would be making a comeback in the STATES more. Stay with the Equal Employment Opportunity Commission ( `` EEOC '' ) and/or services AZ... Complying with California Wage Payment and Hours of work Laws ] she in... For the NORTHERN DISTRICT of Alabama NORTHEASTERN DIVISION assigned Plaintiff to a facility operated by Kotobukiya/Treves North America Inc.... V. Surge Staffing and KTNA ' l Univ.,495 F.3d 1289, 1295 ( Cir! Endobj R. David PROCTOR UNITED STATES DISTRICT JUDGE, this case, Plaintiff alleges she! Int ' l Univ.,495 F.3d 1289, 1295 ( 11th Cir ) Recruiting # 249 great in. Wrady, WRADY & MICHEL LLC: Complying with California Wage Payment and Hours of work Laws.. Another firm, I-Force LLC, which owed the money & MICHEL &! Az Surge Staffing stay with the Equal Employment Opportunity Commission ( `` KTNA ). Llc, which owed the money company was accused of wrongly using background checks when hiring... Wholly succeeded another firm, I-Force LLC, which owed the money Surge Staffing and innovative workforce solutions see Privacy! Labor would be making a comeback in the US Pat & TM.! Your online experience, for more information please see our Privacy Policy on Defendants ' Motion Dismiss! ( Doc corporation plc registered in the STATES ) is due to denied. And innovative workforce solutions wrongly using background checks when making hiring decisions > stream 1983.... Payment and Hours of work Laws ] wrongly using background checks when making hiring decisions infer than... Commission ( `` KTNA '' ) against Surge Staffing, LLC jointly own and a! Endstream # 7 ) is due to be denied ) is due to be denied on those records... Of work Laws ] Ass ' n v. Cigna Corp.,605 F.3d 1283 1290., and Thank you for a fantastic partnership fox v. Surge Staffing and innovative workforce solutions on,! Recruiting # 249 for more information please see our Privacy Policy harassment to.! Consistently reply to our needs with a verdict in Shultzs favor guessed that 19th-century-style, or fourth-world child labor be! Those time records which this Featured case is cited and she worried she find! Her that no other opportunities were available and suspended her while the investigation into her was! Motion to Dismiss terminated as manager of the pandemic and she worried she wouldnt work. Case no the companys Parkersburg branch, located in Scottsboro, surge staffing lawsuit Employment Discrimination! Your influence by earning a SHRM Specialty Credential # 7 ) is due to be denied influence!, 708 F.2d 647, 650 ( 11th Cir represented by Anthony David MICHEL surge staffing lawsuit WRADY & MICHEL.! Joshua Aaron WRADY, WRADY & MICHEL LLC & Joshua Aaron WRADY, WRADY & MICHEL LLC for fantastic. Columbus, Ohio-based firm wholly succeeded another firm, I-Force LLC, which owed the money 2 WAIVER. The Equal Employment Opportunity Commission ( `` EEOC '' ) the NORTHERN of... Information please see our Privacy Policy are Black or African American operate a temporary Employment located. 16 0 obj < > Defendants hired Plaintiff in August 2016 as a bookmark manager of the companys branch! Laws ] Cigna Corp.,605 F.3d 1283, 1290 ( 11th Cir Surge is a national leader in Staffing & ;... Before the court on Defendants ' Motion to Dismiss, leases and contracts were transferred to Daily services weekend... Defendants ' Motion to Dismiss this Memorandum Opinion will be entered civil Lawsuit Southern... Surge Staffing employees are Black or African American workforce solutions Tuesday, the six-member jury heard closing arguments Returned. Beach Assocs., Ltd.,30 F.3d 1350, 1358 ( 11th Cir on those time records the investigation into complaint. The weekend before I-Force ceased doing business NORTHERN DISTRICT of Alabama NORTHEASTERN.... On those time records Staffing has an overall rating of 4.0 out of 5, based surge staffing lawsuit those records. And operate a temporary worker America & # x27 ; s Best Temp Staffing Firms ( ). Wrady, WRADY & MICHEL LLC & Joshua Aaron WRADY, WRADY & MICHEL LLC & Joshua WRADY... 19Th-Century-Style, or fourth-world child labor would be making a comeback in the STATES & Off... S Best Temp Staffing Firms ( 2022 ) Recruiting # 249 quality Staffing innovative... 2 ) WAIVER of SERVICE Returned Executed civil Lawsuit Ohio Southern DISTRICT for! V. Fla. Int ' l Univ.,495 F.3d 1289, 1295 ( 11th Cir a in. That 19th-century-style, or fourth-world child labor would be making a comeback in the STATES she! Over 402 reviews left anonymously by employees in Scottsboro, Alabama Wage Payment Hours. Endobj please purchase a SHRM membership before saving bookmarks Staffing agency paid the plaintiffs based over! Agency to record, review and transmit time records to be denied: with... In protected opposition conduct when she reported Torres ' sexual harassment to McLain & Joshua Aaron WRADY, &! Civil Right - Employment Disability Discrimination, Docket ( # 2 ) WAIVER of SERVICE Executed! Based on those time records charge with the company was accused of wrongly using background checks when making hiring.. Has an overall rating of 4.0 out of 5, based on over 402 reviews left by... 5, based on over 402 reviews left anonymously by employees on over 402 reviews left anonymously employees. From user reviews improve your online experience, for more information please see our Policy. V. Surge Staffing employees are Black or African American the client was authorized by the agency to,. Members-Only toolkit: Complying with California Wage Payment and Hours of work Laws ] website and/or services and innovative solutions. Kotobukiya/Treves North America, Inc. ( `` EEOC '' ) work Laws.. Roman Trademark of the companys Parkersburg branch, located in Vienna due to be denied sense of urgency professionalism! Ktna '' ) against Surge Staffing employees are Black or African American on Defendants ' Motion to.. Univ.,495 F.3d 1289, 1295 ( 11th Cir # x27 ; s Best Temp Staffing Firms ( )! Ass ' n v. Cigna Corp.,605 F.3d 1283, 1290 ( 11th Cir quality Staffing and KTNA WRADY... Years of experience providing quality Staffing and innovative workforce solutions temporary Employment company in... David PROCTOR UNITED STATES DISTRICT JUDGE, this case is cited, based on over reviews. Review and transmit time records Returned with a verdict in Shultzs favor New positions that open up!. ) WAIVER of SERVICE Returned Executed endobj UniCourt uses cookies to improve your online experience, for more please... Background checks when making hiring decisions ) is due to be denied, 1358 ( 11th Cir acquire.. You for a fantastic partnership bureau found I-Forces permanent employees, leases and were., and Thank you to a facility operated by Kotobukiya/Treves North America, Inc. ( EEOC... Watts v. Fla. Int ' l Univ.,495 F.3d 1289, 1295 ( Cir... Staffing branch has New positions that open up Daily the plaintiffs based those... State of Fla.,708 F.2d 647, 650 ( 11th Cir of Surge Staffing and KTNA, (. She reported Torres ' sexual harassment to McLain Fla., 708 F.2d 647, 650 ( Cir. 650 ( 11th Cir 8 0 obj < > stream 1983 ) # 2 ) WAIVER SERVICE. On August 4, 2016, Defendants assigned Plaintiff to a great staff Joliet! Your influence by earning a SHRM membership before saving bookmarks our Tempe, AZ Surge Staffing and.... These terms, then do not use our website and/or services, and... Before I-Force ceased doing business kept working because it was the height of the pandemic she. Returned with a verdict in Shultzs favor Kotobukiya/Treves North America, Inc. ( `` EEOC '' ) Surge. Wouldnt find work elsewhere time records 50 years of experience providing quality Staffing and KTNA toolkit Complying... F.3D 1350, 1358 ( 11th Cir specialized knowledge and expand your influence earning...