) ) ) ) ) ) ) ) ) ) ) COMPLAINT. similarly-situated employees or former employees of PESG of Alabama, LLC

Transcription

1 ELECTRONICALLY FILED 9/19/2018 3:13 PM 47-CV CIRCUIT COURT OF MADISON COUNTY, ALABAMA DEBRA KIZER, CLERK IN THE CIRCUIT COURT OF MADISON COUNTY, ALABAMA RODERICK WILSON, and All Other Similarly- Situated Employees of the Named Defendant, v. PLAINTIFFS, PESG OF ALABAMA, LLC DEFENDANT. CASE NO. COMPLAINT COMES NOW, Plaintiff, Roderick Wilson, on behalf of himself and all other similarly-situated employees or former employees of PESG of Alabama, LLC (hereinafter PESG, files his Complaint against PESG, and, in support thereof, shows as follows: INTRODUCTION PESG is committed to Huntsville City Schools and the people it serves. Henry Bledsoe, CEO PESG May 18, 2018 Roderick Wilson obtained his Bachelor of Science in Exercise Science from Alabama A&M University on May 6, In February, 2018, he began working as a Special Educational Instructional Aid. Special Educational Aids are placed in schools to assist disabled students with their physical needs and provide instructional

2 support to teachers and students in the classroom. Mr. Wilson was at Huntsville High School as an employee of Appleton Learning, a Huntsville-based educational staffing and services company, in February, 2018 making $15.00 per hour. In May, 2018, the Huntsville City School Board decided to strip Appleton of the staffing contract through which it was employing approximately 700 employees, about 26% of all HCS employees, and award it to PESG, an out-of-state corporation with a long history of problems with its employees, due to its low bid. However, several Board members expressed concern that PESG s bid would result in a reduction to 400 Special Education Aids pay from $15.00 per hour down to $ Henry Bledsoe, PESG s CEO, induced the Board to award his company the contract by telling them and the assembled media that PESG was committed to Huntsville City Schools and the people it serves. [and] PESG will make up the $3.75 pay difference for Special Education AIDS itself, at a $225,045 cost to the company. Once the contract was transferred from Appleton the Special Education Aids were required to apply with PESG and start work on August 1, Per Mr Bledsoe s promise to the Board, Mr Wilson was told he would be making $15.00 per hour as long as he applied by June 30 th, was working with HCS at the end of the 2017/2018 school year, and submited copies of their official transcripts to PESG. He did all these things. Despite having completed all these items, Mr Wilson was sent

3 an offer letter on July 29, 2018 for $11.25 per hour, and told to report for work on August 3, A few days later, Mr Wilson complained about the lower rate of pay. In response dated August 2, 2018, a human resources employee in Michigan, Fredericka Hayes, informed him that if he wanted to make $15.00 per that he needed to have turned his college transcripts in by June 30, This was the first time this deadline had ever been communicated to him; 33 days after it had passed. Even though Mr Wilson sent an 13 minutes later attaching his Degree Verification signed by the University Registrar, PESG refused to increase his pay to the promised amount. This action seeks to have a Court force PESG to do what it promised to do months ago, but has now reneged. PARTIES 1. Plaintiff Roderick Wilson is above the age of nineteen (19 and was, at all times relevant hereto, a resident of Madison County, Alabama, and a citizen of the United States of America. As per the allegations infra, he has standing to prosecute this action. 2. Defendant PESG of Alabama, LLC is an Alabama domestic limited liability company formed under the laws of the state of Alabama and doing business in Madison County, Alabama.

4 JURISDICTION AND VENUE 3. Paragraphs 1 through 4 are incorporated herein as if set out in full. 4. Given the amount in controversy and the nature of claims plead infra, this Court has subject matter jurisdiction over this matter. 5. This Court has personal jurisdiction over Defendant. 6. Pursuant to ALA.R.CIV.PRO. 82(b(2, venue is proper in this Court with respect to Defendant as this is the judicial district in which a substantial part of the events which have given rise to the claims, plead infra, occurred. FACTS 7. Roderick Wilson obtained his Bachelor of Science in Exercise Science from Alabama A&M University on May 6, In February, 2018, he began working as a Special Educational Instructional Aid. Special Educational Aids are placed in schools to assist disabled students with their physical need and provide instructional support to teachers and students in the classroom. 8. Mr. Wilson was at Huntsville High School as an employee of Appleton Learning, a Huntsville-based educational staffing and services company, in February, 2018 making $15.00 per hour. 9. In May, 2018, the Huntsville City School Board was considering stripping Appleton of the Huntsville City School staffing contract for 26% of all HCS employees, some 700 persons, and award it to PESG (the Staffing Contract,

5 an out-of-state corporation with a long history of problems with its employees, due to its low bid. 10. Several Board members expressed concern that PESG s bid would result in a reduction to 400 Special Education Aids pay from $15.00 per hour down to $ With the specific intent to allay its concerns induce the Board to award PESG the Huntsville City School staffing contract, Henry Bledsoe, PESG s CEO, told the Board and the media present that PESG was committed to Huntsville City Schools and the people it serves. [and] PESG will make up the $3.75 pay difference for Special Education AIDS itself, at a $225,045 cost to the company. 12. That is, the Board was told that has long as a Special Education Instructional Aid was working on the staffing contract for Huntsville City Schools at the end of the 2017/2018 school year, they applied before June 30 th, and they provided the proper academic credentials, then they would be paid $15.00 per hour (the Promise. 13. The Promise worked. The Board stripped Appleton of the Staffing Contract and handed it to an out-of-state company based on Mr Bledsoe s promise that PESG would pay qualifying Special Education Instructional Aids $15.00 per hour (the Modified Staffing Contract.

6 14. Once the Staffing Contract was transferred from Appleton the Special Education Aids were required to apply with PESG and start work on August 1, Mr Wilson knew of Mr Bledsoe s promise to the Board which resulted in PESG being awarded the Modified Staffing Contract. He decided to forego looking for other employment as he was assured his pay would stay the same. 16. Mr Wilson applied for employment with PESG to be a Special Education Instructional Aid under the Modified Staffing Contract. 17. On July 6, 2018, Mr Wilson received an acknowledgement of his application under the Modified Staffing Contract. 18. Per Mr Bledsoe s promise to the Board, Mr Wilson was told he would be making $15.00 per hour as long as he applied by June 30th, was working with HCS at the end of the 2017/2018 school year, and submit copies of their official transcripts to PESG. 19. On July 29, 2018, Mr Wilson was sent an offer letter for $11.25 per hour, and told to report for work on August 3, 2018 pursuant to the Staffing Contract. 20. A few days later, Mr Wilson complained about the lower rate of pay. In response dated August 2, 2018, a human resources employee in Michigan, Fredericka Hayes, informed him that if he wanted to make $15.00 per then he should have turned his college transcripts in by June 30, 2018.

7 21. This was the first time the June 30th deadline had been communicated to him; 33 days after it had passed. 22. Even though Mr Wilson sent an 13 minutes later attaching his Degree Verification signed by the University Registrar, PESG refused to increase his pay to the promised $15.00 per hour; violating promises made by its agent. Class action allegations 23. This is a class action properly maintained under RULE 23(b(2 and/or 23(b(3 of the ALABAMA RULES OF CIVIL PROCEDURE. 24. The Class is defined as follows: All employees and former employees of PESG working in the Huntsville City School system as a qualifying Special Education Instructional Aid under the Modified Staffing Contact making less than $15.00 per hour. 25. Plaintiff brings this action in his individual capacity and on behalf of the class of persons meeting the above description with the exception of all currently sitting justices, judges, magistrates of the United States and/or the State of Alabama, their current spouses, all persons within the third degree of relationship to such justices, judges or magistrates and their spouses and class counsel and their families, who would otherwise be included in the Class defined above. 26. Members of the Class are so numerous that joinder is impracticable. This Class may consist of hundreds given the number of employees and former employees who have worked for PESG.

8 27. There are questions of law and/or fact common to the Class which predominate over individual questions. These common questions include, but are not limited to, the following: a. Whether Henry Bledsoe, as an agent and CEO of PESG, promised the Huntsville School Board that PESG would pay $15.00 per hour for working as a Special Educational Instructional Aids. b. What were the requirements for those working as Special Educational Instructional Aids to qualify them $15.00 per hour under the Modified Staffing Contract. c. Whether and to what extent the members of the Putative Class should receive $15.00 per hour working as a Special Education Instructional Aid under the Modified Staffing Contract. d. Whether and to what extent the Huntsville City School Board and those working in its system as Special Educational Instructional Aids can rely on promises Mr Bledsoe made to them. e. Whether and to what extent PESG will stand behind the promises Mr Bledsoe made on its behalf which resulted in the Huntsville City School Board awarding the Modified Staffing Contract to PESG. 28. Because of Defendant s statements to the Huntsville City School Board and its actions against all its Special Education Instructional Aids, the claim of the named Plaintiff is typical of the claim of the members of the putative Class. 29. Because the Defendant s actions affected all member of the putative Class in a substantially-identical way, a class action is superior to other methods of

9 adjudication of the issues raised. 30. A class action is superior to other available methods for the fair and efficient adjudication of this controversy. 31. Class action treatment will permit a large number of similarly-situated employees or former employees of PESG to prosecute their common claims in a single forum, simultaneously, efficiently, and without the unnecessary duplication of evidence, effort, time and expense that would be required in numerous individual actions. 32. Plaintiff seeks declaratory and additional injunctive relief, including, but not limited to, imposition of an injunction, and, to the extent Class members cannot be located cy pres distribution of damages, if any. 33. Plaintiff does not have interests adverse to the interest of the Class, he will fairly and adequately represent the interest of the Class and they will vigorously prosecute this action on behalf of the absent Class members. 34. Counsel for the named Plaintiff have no interest adverse to the interest of the Class and will vigorously prosecute this action. Plaintiff has chosen counsel who are competent and experienced in the prosecution of class actions.

10 CAUSES OF ACTION Count I Breach of Contract (Third Party Beneficiary 35. Plaintiff repeats and re-alleges paragraphs 1 through 33 as if fully set out herein. 36. There is a written Modified Staffing Contract between Defendant and the Huntsville City School system. 37. Plaintiff is a beneficiary of the Modified Staffing Contract between Defendant and the Huntsville City School system. 38. Plaintiff performed under the terms of the Modified Staffing Contract and has made demand on Defendants for satisfaction of its performance under same. 39. All conditions precedent to Defendants performance under the Modified Staffing Contract have occurred and none remain. 40. Despite demand, Defendants have failed and/or refused to perform under the Modified Staffing Contract. 41. Defendants breached the Modified Staffing Contract. 42. As a proximate and direct consequence of Defendants breach of the Modified Staffing Contract, Plaintiff has suffered damages, both compensatory and consequential.

11 Count II Unjust Enrichment 43. Plaintiff repeats and re-alleges paragraphs 1 through 33 as if fully set out herein. 44. Defendant accepted funds from the Huntsville City School system pursuant to the Modified Staffing Contract which it retains and which, in equity and good conscience, a portion of which ought to be remitted to Plaintiff. 45. By its actions and the actions of its agents, Defendant has been unjustly enriched, and it would be inequitable to allow Defendant to retain these benefits. Count III Promissory Estoppel 46. Plaintiff repeats and re-alleges paragraphs 1 through 33 as if fully set out herein. 47. Plaintiff worked for Defendant s predecessor in the Huntsville City School system as a Special Education Instructional Aid making $ Plaintiff accepted employment from Defendant under the Modified Staffing Contract because he and the Huntsville City School Board were assured his pay would not change. 49. Despite its promises and assurances that Defendant would be employed under the Modified Staffing Contract making $15.00 per hour, he is only being paid $11.75 per hour.

12 PRAYER FOR RELIEF WHEREFORE, Plaintiff, Roderick Wilson, on behalf of himself and all other similarly-situated employees or former employees of, PESG of Alabama, LLC pray the Court for the following relief: a. Accept jurisdiction of this matter; b. Certifying this action as a Class Action pursuant to RULE 23(b(2 and/or (b(3 of the ALABAMA RULES OF CIVIL PROCEDURE c. Declare Defendant s conduct to has violated the Modified Staffing Contract as to all of Plaintiffs, and as to individuals similarly-situated; d. Enter an Order of Injunction directing Defendant to conduct an equitable accounting over all funds unjustly retained, create a constructive trust over said sums, and disgorge the res of said constructive trust to Plaintiff via resulting restitution; e. Enter a judgment against PESG of Alabama, LLC in the amount due them and others similarly-situated as the same may hereafter be identified and named prior to or at trial, as unpaid wages, liquidated damages, interest, and costs; f. Enter judgment for a reasonable attorneys fee and costs against PESG of Alabama, LLC;

13 g. Enter judgment for pre- and post-judgment interest against PESG of Alabama, LLC; h. Enter such other, different, and further relief, including equitable, to which Plaintiff and others similarly-situated are entitled as the Court deems just and proper. Respectfully submitted this the 19 th day of September, s/ Eric J. Artrip Teri Ryder Mastando (NIC023 Eric J. Artrip (ART001 MASTANDO & ARTRIP, LLC 301 Washington St., Suite 302 Huntsville, Alabama Phone: ( Fax: ( DEFENDANT TO BE SERVED PESG Of Alabama, LLC 1806 University Dr Huntsville, AL PESG Of Alabama, LLC C/O Kristi Flietstra th St SE Caledonia, MI 49316