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. 39 0 obj<> x+ | (Id. 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 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 . 2022-03-11, Dallas County Texas Courts | Other | Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. Finally, one place to get all the court documents we need. 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 . Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. (Doc. 2022-09-02, Tarrant County Courts | Contract | Find the latest news and members-only resources that can help employers navigate in an uncertain economy. Superior Staffing and Fareva did not respond to requests for comment. # 7) is due to be denied. 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. The appellate court affirmed the dismissal of the claims. The average employee at Surge Staffing makes $32,887 per year. On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America . Specialties: Surge is a national leader with over 50 years of experience providing quality staffing and innovative workforce management solutions. If you do not agree with these terms, then do not use our website and/or services. endstream Raise the Floor Alliance, a coalition of workers rights groups, is representing the plaintiffs in the case. We have a great partnership and I highly recommend them to other companies. Surge Company Stats. $("span.current-site").html("SHRM China "); Please log in as a SHRM member before saving bookmarks. # 7 at 5). (Id. z{"A 0K r] 7 ?qD } 2:18-cv-00022. Defendants hired Plaintiff in August 2016 as a temporary worker. Civil Right - Employment Disability Discrimination, Docket(#2) WAIVER OF SERVICE Returned Executed. 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. Drew Angerer / Staff via Getty Images Healthcare workforce . However, Kennedy wrote that the bureau could still pursue other means to get the money I-Force owed. But a way to realistically get us there faster is to have a plan where everyone is on the same page. A mother of a 3-year-old boy with Down syndrome, Diaz Rivas had to pay a nanny when she went to work. ? (Id. 2:19-CV-00342 | 2019-05-10, U.S. District Courts | Labor | 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. Therefore, at this stage of the proceedings, Defendant Surgeforce's argument for dismissing the Title VII claim against it is due to be denied. Background. Cons. (Doc. Nature of Suit. (Doc. 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. 2010)). KTNA's human resources representative directed Plaintiff to discuss the harassment with the branch manager of Defendants' Scottsboro office, Tina McLain. var temp_style = document.createElement('style'); Terminated: Feb 24, 2022. Surge is unlike other staffing agencies in that we work to build personal, long-term partnerships with our customers and associates. endobj at 19). This does not mean that I-Force can evade its liability under workers compensation law, Kennedy wrote in the dissent. Blackhawks, shaken by trades, fall flat against Coyotes. Today's breaking news and more in your inbox. Active Columbus, OH Manager for Surge Staffing, LLC (614)431-5100. We at The Scotts Company need many temporary workers when we hit our peak season, Spring. Defendants' argument that Torres could not have committed sexual harassment prohibited by Title VII is contradicted by the EEOC's sexual harassment regulations. 2021-06-10. 16 0 obj<> This issue often is decided at summary judgment, after the parties have been allowed to conduct discovery and present evidence on the Virgo and Hamm factors. Both arguments are unavailing. To request permission for specific items, click on the reuse permissions button on the page where you find the item. % at 18). 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. (Id. Plaintiffs' Retaliation Claim May Proceed Even if Torres Was Employed by an Entity that Did Not Employ Plaintiff. (Attachments: #1 Civil Cover Sheet) (Coffman, Matthew) (Entered: 07/02/2021), U.S. District Courts | Civil Right | at 32-33). When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. 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. Surge Staffing LLC & Surgeforce LLC, Defendants, represented by Matthew W. White , ADAMS WHITE OLIVER SHORT & FORBUS, LLP. (Doc. Twombly, 550 U.S. at 570. See Hamm, 708 F.2d at 650. Virgo, 30 F.3d at 1359. This issue is. (*eT/| II. (Gedling, Adam) (Entered: 07/28/2021), Docket(#1) COMPLAINT with JURY DEMAND against Surge Staffing, LLC ( Filing fee $ 402 paid - receipt number: AOHSDC-8388267), filed by Jordan Paice. Washington County resident Lori Shultz filed the suit against Surge Staffing LLC, which operates in a number of states, in November 2017. 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.'" The last editorial I shared Current Job Listings 182 Total Jobs. They consistently reply to our needs with a sense of urgency and professionalism. (Doc. Public Records Policy. # 7 at 5). 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 . The settlement agreement contained a broad release, barring settlement class members from asserting wage and hour claims against the staffing agency. endobj The plaintiffs filed suit against the client company for unpaid minimum wages, unpaid overtime wages, and meal- and rest-break violations. Our areas of expertise include hospitality, manufacturing, logistics, general office, and call centers. Cf. (Id. I had to work like a robot to work at the pace that they wanted, she said. 2:22-CV-04451 | 2022-12-21, U.S. District Courts | Labor | Plaintiff asserts that both Surge Staffing and Surgeforce employed her in August 2016 and that they jointly owned and operated the Scottsboro office. 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 . endobj endobj 2 0 obj <>stream These are very vulnerable workers. Times New Roman Trademark of The Monotype Corporation plc registered in the US Pat & TM Off. The companies were formed over a thirteen year period with the most recent being . All Rights Reserved. (Id. To survive a motion to dismiss, a complaint must "state a claim to relief that is plausible on its face." Watts v. Fla. Int'l Univ.,495 F.3d 1289, 1295 (11th Cir. Cancellation and Refund Policy, Privacy Policy, and 27 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> And the best part of all, documents in their CrowdSourced Library are FREE! 12 0 obj <>stream 16% of Surge Staffing employees are Black or African American. This website uses cookies to provide visitors with a customized, responsive, and personalized experience. Earlier this month, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit on behalf of female employees of Select Staffing, a temporary staffing agency operating in Albuquerque, New Mexico, who were sexually harassed during their job placements with the Albuquerque Police Department Inspection of Public Records Act (IPRA) Unit. Times New Roman Trademark of The Monotype Corporation plc registered in the US Pat & TM Off. # 1-1). Best Recruiters - Professional Search (2021 . Surge Staffing has an overall rating of 4.0 out of 5, based on over 402 reviews left anonymously by employees. B278239 (April 16, 2018). Surge Staffing has an overall rating of 4.0 out of 5, based on over 403 reviews left anonymously by employees. 42:12101 Americans with Disabilities Act. 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;}'; Data The Monotype Corporation plc/Type Solutions Inc. 1990-1992. endobj x%@WjqwBI%xH=TI=)Wb0SGo _Ee>@Z9b6dnk@16!>^=qXu1KQT)^w 1110 Morse Rd Legal Department, Columbus, OH 43229-6325. Hospitalizations are up across the four largest health systems in the metro area. Who, for example, would have guessed that 19th-century-style, or fourth-world child labor would be making a comeback in the states? On August 4, 2016, Defendants assigned Plaintiff to a facility operated by Kotobukiya/Treves North America . Surge Staffing, LLC, by Counsel Evan J. Jenkins, filed a timely response. endstream 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." P. 8(a)(2). Finally, one place to get all the court documents we need. 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. For the reasons explained above, Defendants' Motion to Dismiss (Doc. Based upon the allegations in Plaintiff's Complaint, the court disagrees. endobj x+ | endobj 1604.11(e). 1552, 1557-58 (M.D. Jan. 6, 2021 5 AM PT. at 27-28). 42 U.S.C. Cases involving employment discrimination of disabled individuals, Americans with Disabilities Act (ADA) - 42 USC 12101-12213, (#2) WAIVER OF SERVICE Returned Executed. Of course, the court expresses no opinion on whether Defendant Surgeforce ultimately will be entitled to summary judgment on this basis. One that I know will continue for years to come. Id. 37 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> at 1358-59. (Doc. 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." (Id. at 26). McLain told her that no other opportunities were available and suspended her while the investigation into her complaint was pending. (Doc. endobj pEXJ-)y On August 11, 2016, Torres told Plaintiff that she would not advance at the facility unless he approved it. The trial court dismissed the claims against the client, and the plaintiffs appealed. 7 0 obj <>stream This week a federal judge dismissed the lawsuit. at 5). 2000e to infer more than the mere possibility of misconduct." Twombly, 550 U.S. at 556. 29 0 obj<> Again, thank you for the selfless help to our company. Thank you to a great staff in Joliet, IL, and thank you for a fantastic partnership. The Motion is fully briefed (see Docs. 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. Plaintiff provided McLain with a written statement, expressed her desire not to return to KTNA, and asked about other available job opportunities. 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. Thats two months after she was terminated as manager of the companys Parkersburg branch, located in Vienna. (Doc. 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 . That's two months after she was terminated as manager of . } States must work together to end HIV epidemic. Patricia Martinez of Bridgeport and Ana Diaz Rivas of Prospect Heights said their wages were reduced in November 2020, according to the lawsuit. 3d 1355, 1361-63 (S.D. Join/Renew Nowand let SHRM help you work smarter. . 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. It is therefore important that staffing companies and their clients work together to comply with applicable employment laws. "Ordinarily, a party not named in the EEOC charge cannot be sued in a subsequent civil action." Why is this public record being published online? 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. In November 2016, Plaintiff filed a charge with the Equal Employment Opportunity Commission ("EEOC") against Surge Staffing and KTNA. (Id. at 27-28). . On days when she was turned away, she still had to pay the nanny. endobj Plaintiff asserts that both Surge Staffing and Surgeforce employed her in August 2016 and that they jointly owned and operated the Scottsboro office. Pros. 2000e-3(a). # 7 at 4-5). Surge is a national leader with over 50 years of experience providing quality staffing and innovative workforce solutions. and elsewhere. $(document).ready(function () { On Tuesday, the six-member jury heard closing arguments and returned with a verdict in Shultzs favor. Defendants' argument that Torres could not have committed sexual harassment prohibited by Title VII is contradicted by the EEOC's sexual harassment regulations. Thereafter, Plaintiff called Defendants' Scottsboro office and inquired about available assignments. endstream "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." 1983). at 30-31). Kivisto v. Miller, Canfield, Paddock & Stone, PLC, 413 F. App'x 136, 138 (11th Cir. # 1-2 at 2). endstream endstream The state first deployed National Guard soldiers to its nursing homes during the Omicron surge due to historic staffing shortages and has extended their presence through . While working at the KTNA facility, Plaintiff alleges that a KTNA employee, Gustavo Torres, sexually harassed her. 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. 2007). Washington County resident Lori Shultz filed the suit against Surge Staffing LLC, which operates in a number of states, in November 2017. The great actor plays a man of uncertain identity in whimsical and sharply written comedy. 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." Defendants Surge Staffing, LLC and Surgeforce, LLC jointly own and operate a temporary employment company located in Scottsboro, Alabama. 2:19-CV-00342 | 2019-05-10, Dallas County Texas Courts | Personal Injury | . Fox v. Surge Staffing, LLC Federal Civil Lawsuit Ohio Southern District Court, Case No. Case Details Parties Documents Dockets. 42 U.S.C. (Doc. 2011) (quoting Am. "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." Hahn Loeser & Parks filed a trade secret lawsuit on Friday in Illinois Northern District Court on behalf of Surge Staffing LLC. 29 C.F.R. %PDF-1.4 Surge always fills our open requests in a timely manner and they even have backups ready. # 1) as true. We're grateful for your extended help to ensure nothing falls through the cracks and every employee is accounted for. endobj at 36). Locations. Waiver sent to Surge Staffing, LLC on 7/2/2021, answer due 8/31/2021. The Motion is fully briefed (see Docs. endobj at 20). : 5:18-cv-00546-UJH-RDP (N.D. Ala. Aug. 17, 2018). Under the legal doctrine known as "res judicata," a matter already settled in court cannot be raised again in another proceeding. 3:21-CV-01074 | 2021-05-24, U.S. District Courts | Civil Right | Postal Serv., 928 F. Supp. Need help with a specific HR issue like coronavirus or FLSA? Virgo, 30 F.3d at 1359. But the client was not a named party to the first lawsuit. Two women on Tuesday filed a class action lawsuit against an Elmhurst-based staffing agency and the company they were assigned to, alleging their wages were lowered without . Surge Staffing, LLC, Court Case No. Virgo, 30 F.3d at 1359. Plaintiff Has Sufficiently Pled Administrative Exhaustion of Her Claim Against Defendant Surgeforce. x+ | x%@E[jbXCBI%H;[\T4Q`7 This rating has improved by 5% over the last 12 months. x+ | } 34 0 obj<>>>/TrimBox[0 0 612 792]/MediaBox[0 0 612 792]>> See current career opportunities that are available at Surge Staffing Make your practice more effective and efficient with Casetexts legal research suite. BBB File Opened: 8/30/1965. 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. Transaction Assessment: 262.00, DocketCitation: eserved Attorney; C P Supply Co.: Unserved ; Morgan, Dana: Unserved, DocketLetter Index # 3: QC completed 04/21,VS, DocketOriginal Petition Index # 2: QC completed 04/21,VS, U.S. District Courts | Civil Right | # 1 at 13, 16). SHENIA LONG, Plaintiff, v. SURGE STAFFING, LLC, et al., Defendants. The complaint says Cross was fired in February 2018 for refusing to falsify the I9 forms in 2017. (Id. Kivisto v. Miller, Canfield, Paddock & Stone, PLC, 413 F. App'x 136, 138 (11th Cir. Twombly, 550 U.S. at 570. A trade It's not often I write openly to you in this way speaking about current events in the health care industry and specifically at Ridgeview. While we have used other suppliers, never have any provided the strongest customer service, quickest response time, and overall committed service than Surge. 2:22-CV-03518 | 2022-09-28, U.S. District Courts | Labor | 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. Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION. 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Backups ready says Cross was fired in February 2018 for refusing to falsify the I9 forms 2017. 19Th-Century-Style, or fourth-world child labor would be making a comeback in the US Pat & TM.... If Torres was Employed by an Entity that did not respond to requests for comment this not. Postal Serv., 928 F. Supp there faster is to have a great Staff Joliet! Available Job opportunities however, Kennedy wrote that the bureau could still pursue other means to get all court! Over 402 reviews left anonymously by employees last editorial I shared Current Job Listings Total! Facility operated by Kotobukiya/Treves North America to pay a nanny when she was turned away, she still to... By Title VII is contradicted by the EEOC charge can not be in!