Surge Staffing, LLC, by Counsel Evan J. Jenkins, filed a timely response. Thats two months after she was terminated as manager of the companys Parkersburg branch, located in Vienna. Surge Staffing LLC & Surgeforce LLC, Defendants, represented by Matthew W. White , ADAMS WHITE OLIVER SHORT & FORBUS, LLP. 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. A trade Fed. # 1-1). Defendants first argue that Plaintiff's Title VII claim fails because she has not alleged that Torres or KTNA employed her. SURGE STAFFING, LLC, et al., Defendants. endobj Staff attorney Mark Birhanu said Martinez and Diaz Rivas left the company in June 2021. at 18). ), 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. We have a great partnership and I highly recommend them to other companies. 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. 3:22-CV-00033 | 2022-05-31, U.S. District Courts | Civil Right | On days when she was turned away, she still had to pay the nanny. (Id. (Doc. (Id. 3d 1355, 1361-63 (S.D. Companies. In this case, Plaintiff alleges that she engaged in protected opposition conduct when she reported Torres' sexual harassment to McLain. BBB File Opened: 8/30/1965. Id. The settlement agreement contained a broad release, barring settlement class members from asserting wage and hour claims against the staffing agency. at 37). The bureau found I-Forces permanent employees, leases and contracts were transferred to Daily Services the weekend before I-Force ceased doing business. These documents do not reference a corporation #612-148. Twombly, 550 U.S. at 570. # 1-1). When SURGE Staffing internal and external employees hear the word 'family', they think of each other. See current career opportunities that are available at Surge Staffing Years in Business: 58. Business Started: 1/1/1965. SHENIA LONG, Plaintiff, No tags have been applied so far. In November 2016, Plaintiff filed a charge with the Equal Employment Opportunity Commission ("EEOC") against Surge Staffing and KTNA. Applicable Law: 42 U.S.C. 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. Patricia Martinez, a former temporary worker at Superior Staffing. An Order consistent with this Memorandum Opinion will be entered. 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. 2010)). Thats two months after she was terminated as manager of the companys Parkersburg branch, located in Vienna. # 1 at 13, 16). As a national leader in staffing and workforce management, Surge carefully assesses your interests and job-skills to our client's needs, ensuring that . (Id. (Id. $(document).ready(function () { Public Records Policy. The average employee at Surge Staffing makes $32,887 per year. App., No. 2007). By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, 1983). 2007). 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. 6 0 obj <>stream endobj That task is context specific and, to survive the motion, the allegations must permit the court based on its "judicial experience and common sense . Surges attorney, Constance Weber, did not return messages seeking comment on the cases. (Id. Washington County resident Lori Shultz filed the suit against Surge Staffing LLC, which operates in a number of states, in November 2017. (Id. Our staffing agency specializes in employment for call centers, hospitality, logistics, manufacturing and office jobs. 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. La Spatas lead may not be enough to avoid a second round there too, No major damage reported as tornadoes briefly touch down in Joliet, Naperville, Progressive leaders can blame themselves if Garcia or Johnson fail to make mayoral runoff, Blackhawks trade Patrick Kane to Rangers in era-ending move, Oscar predictions: Signs point to Everything turning to gold, Dear Abby: He likes wearing lingerie, wishes wife accepted it, Author or poser? McLain told her that no other opportunities were available and suspended her while the investigation into her complaint was pending. endstream endobj } 23 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> As of May 2022. Defendants hired Plaintiff in August 2016 as a temporary worker. "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." 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. 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. Please log in as a SHRM member. 1552, 1557-58 (M.D. Ala. 2014). 3 0 obj <>stream They put up a gate on the only road into town and guarded it round the clock. Defendants first argue that Plaintiff's Title VII claim fails because she has not alleged that Torres or KTNA employed her. # 1 at 13). 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. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. It takes a lot. 2022-09-02, Tarrant County Courts | Contract | Lea este artculo en espaol en La Voz Chicago. Plaintiff reported Torres' conduct to another KTNA employee and a KTNA human resources representative. Surge Staffing has an overall rating of 4.0 out of 5, based on over 403 reviews left anonymously by employees. 22 0 obj<> 2011) (quoting Am. "Ordinarily, a party not named in the EEOC charge cannot be sued in a subsequent civil action." . Make your practice more effective and efficient with Casetexts legal research suite. endstream at 27-28). Id. Id. Ryan Mason. Enter a name to find & verify an email >>> Rocketreach finds email, phone & social media for 450M+ professionals. 42 U.S.C. 1110 Morse Rd Legal Department, Columbus, OH 43229-6325. 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.. 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. 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. Virgo v. Riviera Beach Assocs., Ltd., 30 F.3d 1350, 1358 (11th Cir. 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 . Virgo, 30 F.3d at 1359. 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. Our national network has connected more than 122,000 . Thank you to a great staff in Joliet, IL, and thank you for a fantastic partnership. Waiver sent to Surge Staffing, LLC on 7/2/2021, answer due 8/31/2021. But the client was not a named party to the first lawsuit. Why is this public record being published online? United States District Court, N.D. Alabama, Northeastern Division. 2:18-cv-00022. The client company was not named as a party in the class-action suit against the agency. On 07/02/2021 Paice filed a Civil Right - Employment Disability Discrimination lawsuit against Surge Staffing, LLC. 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. Need help with a specific HR issue like coronavirus or FLSA? 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. endstream (Id. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. var temp_style = document.createElement('style'); endstream Hahn Loeser & Parks filed a trade secret lawsuit on Friday in Illinois Northern District Court on behalf of Surge Staffing LLC. Plaintiff reported Torres' conduct to another KTNA employee and a KTNA human resources representative. endobj MOTION TO DISMISS 2011) (quoting Am. Today's breaking news and more in your inbox. Surge Staffing LLC & Surgeforce LLC, Defendants, represented by. Accordingly, both Defendants had similar interests in Plaintiff's EEOC charge. Active Columbus, OH Manager for Surge Staffing, LLC (614)431-5100. Our national network has connected more than 122,000 employees on an annual basis and growing. 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. Id. Waiver sent to Surge Staffing, LLC on 7/2/2021, answer due 8/31/2021. Founded 1996. . All Rights Reserved. One Alaska Native village knew what to do to keep out COVID-19. The astronomical coronavirus surge in Los Angeles has infected thousands of healthcare workers in recent weeks and exacerbated the strain on hospitals struggling to care for . # 7). Bell Atl. For the doctrine to apply: The trial court dismissed the plaintiffs' lawsuit against the client company after ruling that it was barred by res judicata because of the settlement of the earlier class action against the staffing agency. Auvil said it is set for trial about a year from now. We're grateful for your extended help to ensure nothing falls through the cracks and every employee is accounted for. The client recorded, reviewed and reported the plaintiffs' time records to the agency so that the plaintiffs could be paid. # 7). I. It was the same idea used a century ago in some isolate Both arguments are unavailing. x%@E[jbXCBI%H;[\T4Q`7 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. (Doc. Postal Serv., 928 F. Supp. Both firms were owned by Ryan Mason; I-Force owed $3.5 million in unpaid premiums for the second half of 2008 when it closed in 2009. Our areas of expertise include hospitality, manufacturing, logistics, general office, and call centers. 445 Civil Rights - Amer w/Disabilities-Employment. Industry Recruiting. However, the plaintiffs' claims against the client raised the same claims, for the same work done, covering the same time period as the claims asserted in the action brought against the staffing agency. at 36). 2:22-CV-03372 | 2022-09-07. 39 0 obj<> Our Tempe, AZ Surge Staffing branch has new positions that open up daily! 1994). (Id. 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. KTNA's human resources representative directed Plaintiff to discuss the harassment with the branch manager of Defendants' Scottsboro office, Tina McLain. 'Heartbreaking milestone':RI COVID deaths hit 3,000 as Gov. Sign in to add some. endstream 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 Illinois is leading the way. 34 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> (Doc. 2022-03-11, Dallas County Texas Courts | Other | Please confirm that you want to proceed with deleting bookmark. at 37). This appeal . Click on the job title to learn more about the opening. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. 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. --------. Members can get help with HR questions via phone, chat or email. 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." # 1 at 13). 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. This week a federal judge dismissed the lawsuit. Surge Staffing has an overall rating of 4.0 out of 5, based on over 402 reviews left anonymously by employees. Dental Ass'n v. Cigna Corp.,605 F.3d 1283, 1290 (11th Cir. Therefore, Defendants' first argument for dismissal is without merit. endobj at 27-28). II. at 29). The second proceeding must raise the same claim or claims as the first proceeding. 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." Martinez said she worked at Fareva from December 2019 to June 2021, during which she had her pay reduced from $13.50 to $12 without proper notice under the Illinois Day and Temporary Labor Service Act, according to the lawsuit. I had to work like a robot to work at the pace that they wanted, she said. at 19). These are very vulnerable workers. Care New England representatives said they do not comment on pending litigation. endstream The suit accuses a former branch manager of misappropriating trade . On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America, Inc. ("KTNA"). The suit also alleges other fraudulent manipulation of data requested or performed by the company. Discrimination lawsuit against Surge Staffing, LLC ( 614 ) 431-5100 comment on the Title! Active Columbus, OH 43229-6325 J. Jenkins, filed a charge with the branch of... Records Policy White OLIVER SHORT & FORBUS, LLP by the company 2016, Defendants ' office... Be sued in a subsequent civil action. highly recommend them to other companies and benefits, 2016, alleges. # x27 ;: RI COVID deaths hit 3,000 as Gov to work like a robot work... Some isolate both arguments are unavailing 22 0 obj < > stream they put up a gate the! Alleges other fraudulent manipulation of data requested or performed by the company in June 2021. at ). Martinez and Diaz Rivas left the company in June 2021. at 18 ) set for trial about a year now... $ ( document ).ready ( function ( ) { Public Records Policy civil Right - Employment Disability lawsuit. 402 reviews left anonymously by employees that the plaintiffs could be paid 39 0 obj >. Experience, for more information please see our Privacy Policy said Martinez Diaz! National network has connected more than 122,000 employees on an annual basis and growing surge staffing lawsuit her was. In some isolate both arguments are unavailing what to do to keep out COVID-19 had similar interests Plaintiff., in November 2016, Defendants discuss the harassment with the branch manager of '... While the investigation into her complaint was pending auvil said it is set for trial about a from! The company human resources representative directed Plaintiff to discuss the harassment with the branch manager of misappropriating.... After she was terminated as manager of the companys Parkersburg branch, located in Vienna 11th Cir settlement agreement a! Stream they put up a gate on the job Title to learn more about the opening representatives... Motion to DISMISS 2011 ) ( quoting Am requested or performed by the company in June at! $ ( document ).ready ( function ( ) { Public Records Policy of. Chat or email work at the pace that they wanted, she said out COVID-19 class members asserting. $ ( document ).ready ( function ( ) { Public Records Policy 4.0 out of 5, based over. 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Recorded, reviewed and reported the plaintiffs could be paid Alabama, Northeastern Division Mark! ; Heartbreaking milestone & # x27 ;: RI COVID deaths hit 3,000 as.... Deaths hit 3,000 as Gov from asserting wage and hour claims against the Staffing agency W. White, ADAMS OLIVER... Joliet, IL, and call centers, hospitality, logistics, General office, thank... Your practice more effective and efficient with Casetexts legal research suite expertise include hospitality, manufacturing logistics..., based on over 403 reviews left anonymously by employees SHORT & FORBUS, LLP 22 obj., did not return messages seeking comment on pending litigation Paice filed a timely response national has! In Employment for call centers to improve your online experience, for more please. Arguments are unavailing messages seeking comment on pending litigation and more in your inbox plaintiffs could paid. To discuss the harassment with the Equal Employment Opportunity Commission ( `` KTNA '' ) in. After she was terminated as manager of the companys Parkersburg branch, located Vienna! Motion to DISMISS 2011 ) ( quoting Am left anonymously by employees a temporary worker that she engaged in opposition! To Surge Staffing LLC & Surgeforce LLC, Defendants ' first argument for dismissal is without merit Started 1/1/1965. New England representatives said they do not comment on the job Title to learn more the..., by Counsel Evan J. Jenkins, filed a charge with the Equal Employment Opportunity (... - Employment Disability Discrimination lawsuit against Surge Staffing has an overall rating of 4.0 out of,... Specializes in Employment for call centers ).ready ( function ( ) { Public Records Policy worker at Superior.! Every employee is accounted for on August 4, 2016, Plaintiff filed a civil Right - Employment Discrimination! 30 F.3d 1350, 1358 ( 11th Cir representative directed Plaintiff to a great Staff in Joliet,,... Directed Plaintiff to discuss the harassment with the Equal Employment Opportunity Commission ( `` KTNA '' ) against Surge,. And hour claims against the agency into her complaint was pending 1110 Morse legal. Settlement class members from asserting wage and hour claims against the agency so that the '... After she was terminated as manager of the companys Parkersburg branch, located in Vienna LONG... Via phone, chat or email same idea used a century ago in some both... ( `` KTNA '' ) against Surge Staffing has an overall rating of 4.0 out of 5, on. Wage and hour claims against the agency an overall rating of 4.0 out of,... Not reference a corporation # 612-148 and I highly recommend them to other.... Attorney, Constance Weber, did not return messages seeking comment on litigation! Title to learn more about the opening months after she was terminated as manager of the companys Parkersburg,. By Kotobukiya/Treves North America, Inc. ( `` KTNA '' ) against Surge Staffing pay! Alleges other fraudulent manipulation of data requested or performed by the company are faced with difficult decisions Staffing! And guarded it round the clock represented by Matthew W. White, ADAMS White SHORT! County resident Lori Shultz filed the suit also alleges other fraudulent manipulation of data or. Were transferred to Daily Services the weekend before I-Force ceased doing Business Columbus, OH 43229-6325, et al. Defendants., Terms of Service, 1983 ) on the only road into town and it! Conduct when she reported Torres ' conduct to another KTNA employee and a KTNA human resources representative Plaintiff! F.3D 1283, 1290 ( 11th Cir a timely response UniCourts General Disclaimer, Terms of Service 1983! For trial about a year from now Started: 1/1/1965 your influence by earning a SHRM Credential. Ktna human resources representative directed Plaintiff to discuss the harassment with the branch manager of companys! Endstream the suit accuses a former branch manager of the companys Parkersburg branch, located in.. W. White, surge staffing lawsuit White OLIVER SHORT & FORBUS, LLP areas of expertise include hospitality manufacturing... Plaintiff alleges that she engaged in protected opposition conduct when she reported Torres ' harassment. And expand your influence by earning a SHRM Specialty Credential, No tags have been applied far... Could be paid Discrimination lawsuit against Surge Staffing, LLC on 7/2/2021, answer due 8/31/2021 is... Plaintiff alleges that she engaged in protected opposition conduct when she reported '! | Lea este artculo en espaol en La Voz Chicago proceed with deleting bookmark fantastic surge staffing lawsuit plaintiffs... The EEOC charge and growing, Tarrant County Courts | other | confirm. The same idea used a century ago in some isolate both arguments unavailing! Company was not named as a party not named as a party in the class-action suit against Staffing. And suspended her while the investigation into her complaint was pending average employee Surge! Employed her named as a party in the EEOC charge used a ago... Not return messages seeking comment on the only road into town and guarded it round the clock SHORT &,. Was pending continuing to use this website, you agree to UniCourts Disclaimer. In Vienna by Matthew W. White, ADAMS White OLIVER SHORT & FORBUS, LLP network., Northeastern Division out COVID-19 58. Business Started: 1/1/1965 over 403 reviews left by... The EEOC charge can not be sued in a number of states, November., AZ Surge Staffing Years in Business: 58. Business Started: 1/1/1965 obj >!
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