Case 1:10-cv LTB Document 1 Filed 08/31/10 USDC Colorado Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO COMPLAINT

Similar documents
Case 1:08-cv REB Document 1 Filed 12/16/2008 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION Case No. ) ) ) ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

Case 1:17-cv Document 1 Filed 08/30/17 Page 1 of 13 PageID #: 1. No.: Defendants.

Case 2:14-cv MRH Document 1 Filed 05/27/14 Page 1 of 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF PENNSYLVANIA. Case No.

From Article at GetOutOfDebt.org

Case 2:17-cv JES-CM Document 1 Filed 07/24/17 Page 1 of 8 PageID 1 UNITED ST ATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

Case 3:10-cv HEH Document 1 Filed 08/19/10 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION. -v- Civil No. 3:12-cv-4176

Case 8:04-cv SCB-TBM Document 32 Filed 10/07/2005 Page 1 of 6

Case 1:15-cv MEH Document 4 Filed 04/02/15 USDC Colorado Page 1 of 6 AMENDED COMPLAINT

Case 6:15-cv Document 1 Filed 04/06/15 Page 1 of 5 PageID #: 1

Case 1:14-cv JPO Document 2 Filed 03/04/14 Page 1 of 14. Civil Action No. COMPLAINT

Plaintiff Privacy Pop, LLC ( Plaintiff ) complains and alleges as follows against Defendant Gimme Gimme, LLC ( Defendant ).

Case 1:08-cv Document 1 Filed 10/13/2008 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA Charlotte Division

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

Case 3:15-cv EDL Document 1 Filed 12/09/15 Page 1 of 16

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 1:16-cv Document 1 Filed 03/04/16 Page 1 of 6 PageID #: 1

Case 1:12-cv DPW Document 1 Filed 09/21/12 Page 1 of 5 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA CIVIL DIVISION

Case 1:15-cv Document 1 Filed 04/15/15 USDC Colorado Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF COLORADO

2. One of the defendant in the case is Parker & Gould (P&G). What is exactly P&G?

COMPLAINT AND JURY DEMAND

Case 1:18-cv MSK-KMT Document 1 Filed 09/18/18 USDC Colorado Page 1 of 29 UNITED STATES DISTRICT COURT DISTRICT OF COLORADO

USDC IN/ND case 4:18-cv JVB-JEM document 1 filed 11/01/18 page 1 of 7

Case 1:17-cv Document 1 Filed 04/25/17 Page 1 of 12 PageID #: 1. Plaintiffs, COMPLAINT

Case 1:17-cv Document 1 Filed 02/20/17 Page 1 of 13

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

Case 1:18-cv RP Document 1 Filed 06/13/18 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

Case 1:17-cv Document 1 Filed 08/31/17 Page 1 of 14

Courthouse News Service

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT

Case 2:16-cv JRG-RSP Document 44 Filed 06/15/17 Page 1 of 6 PageID #: 457

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

Case 1:17-cv Document 1 Filed 05/03/17 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION AMENDED COMPLAINT

FIRST AMENDED COMPLAINT

Case 1:16-cv Document 1 Filed 06/05/16 Page 1 of 7

Case 1:19-cv PAB Document 1 Filed 01/04/19 USDC Colorado Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case: 1:17-cv DCN Doc #: 14 Filed: 03/02/17 1 of 19. PageID #: 69

Case 1:11-cv REB Document 1 Filed 12/15/11 Page 1 of 5

Case 4:04-cv LLP Document 1 Filed 12/28/2004 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH DAKOTA.

Case 4:14-cv Document 1 Filed in TXSD on 09/08/14 Page 1 of 6

Case 1:17-cv VEC Document 1 Filed 02/15/17 Page 1 of 6

USDC IN/ND case 4:18-cv JVB-JEM document 1 filed 09/16/18 page 1 of 7

Case3:15-cv Document1 Filed07/10/15 Page1 of 12

Case 3:12-cv M Document 6 Filed 11/07/12 Page 1 of 7 PageID 18

Case 5:15-cv RWS Document 1 Filed 07/14/15 Page 1 of 12 PageID #: 1

Case 2:17-cv Document 1 Filed 03/17/17 Page 1 of 13 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

Case 4:12-cv Document 1 Filed in TXSD on 06/04/12 Page 1 of 6

Case 2:16-cv RWS Document 1 Filed 10/14/16 Page 1 of 6 PageID #: 1

Case 1:14-cv Document 1 Filed 06/05/14 USDC Colorado Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No: 5:11-cv ) ) ) ) ) ) ) ) ) )

: : : : : : Plaintiffs Amy Morgan, Terri Smith, and Erin Harris ( Plaintiffs ), upon their INTRODUCTION

similarly situated, seeks the recovery of unpaid wages and related damages for unpaid minimum wage and overtime hours worked, while employed by Bab.

Case 2:16-cv Document 1 Filed 12/09/16 Page 1 of 8 PageID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ORIGINAL COMPLAINT

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION

Case 4:13-cv CVE-FHM Document 196 Filed in USDC ND/OK on 02/23/16 Page 1 of 11

UNITED STATES DISTRICT COURT

Case 1:18-cv RM Document 1 Filed 04/30/18 USDC Colorado Page 1 of 26 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case 4:10-cv Document 1 Filed in TXSD on 02/18/10 Page 1 of 9

Case 2:15-cv Document 1 Filed 04/14/15 Page 1 of 7 PageID #: 1 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Case: 2:10-cv GLF-NMK Doc #: 1 Filed: 12/06/10 Page: 1 of 8 PAGEID #: 1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION

Case 1:19-cv Document 1 Filed 01/15/19 Page 1 of 23 ECF CASE NATURE OF THE ACTION

Case 4:10-cv CW Document 1 Filed 10/13/10 Page 1 of 8

Case 2:16-cv Document 1 Filed 12/09/16 Page 1 of 8 PageID #: 1

INDIVIDUAL, COLLECTIVE, AND CLASS ACTION COMPLAINT

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Case: 1:13-cv Document #: 1 Filed: 07/09/13 Page 1 of 7 PageID #:1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS

Case 2:07-cv JFB-WDW Document 15-2 Filed 10/11/2007 Page 1 of 10 CIVIL ACTION INTRODUCTION

-CIVIL RIGHTS EMPLOYMENT

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION ) ) ) ) ) ) ) ) COMPLAINT FOR PATENT INFRINGEMENT

IN THE CIRCUIT COURT OF ST. LOUIS COUNTY STATE OF MISSOURI

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Case No: 5:15-cv-590 ) ) ) ) ) ) ) ) ) )

Case 7:17-cv Document 1 Filed 05/14/17 Page 1 of 11

Case 1:17-cv TSC Document 13 Filed 09/08/17 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 2:16-cv JRG-RSP Document 1 Filed 10/19/16 Page 1 of 8 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO I. INTRODUCTION. 1. This action originated with a discrimination charge filed by Travis Woods

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Case 1:16-cv Document 1 Filed 11/27/16 Page 1 of 15

Case 1:15-cv WJM-MJW Document 1 Filed 08/17/15 USDC Colorado Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case 1:14-cv APM Document 24 Filed 03/10/16 Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION, AKRON

Case 1:19-cv LY Document 1 Filed 04/12/19 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

Case 2:15-cv Document 1 Filed 04/14/15 Page 1 of 12 PageID #: 1 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

PLAINTIFF AVA SMITH- THOMPSON S COMPLAINT AGAINST DEFENDANT SARA LEE CORPORATION

Case 0:18-cv KMM Document 1 Entered on FLSD Docket 01/09/2018 Page 1 of 11 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 1:18-cv RP Document 1 Filed 05/22/18 Page 1 of 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

Case: 1:11-cv Document #: 1 Filed: 07/19/11 Page 1 of 10 PageID #:1

Case: 1:17-cv Document #: 1 Filed: 04/04/17 Page 1 of 12 PageID #:1

Case 1:13-cv WYD-MEH Document 29 Filed 02/26/14 USDC Colorado Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

Transcription:

Case 1:10-cv-02125-LTB Document 1 Filed 08/31/10 USDC Colorado Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. TABITHA OLIVAS, Plaintiff, v. WAL-MART STORES, INC., Defendant. COMPLAINT COMES NOW Plaintiff, Tabitha Olivas, by and through her counsel, Cornish and Dell Olio, and for her Complaint against the Defendant, Wal-Mart Stores, Inc., states as follows: Introduction 1. This is an action brought against Wal-Mart Stores, Inc. pursuant to the Family and Medical Leave Act (FMLA), 29 U.S.C. 2601, et seq., as interpreted by 29 C.F.R. 825, et seq., for failure to follow the FMLA Employer Notice Requirements. Jurisdiction 2. Jurisdiction is proper in the District of Colorado pursuant to 28 U.S.C. 1331 and 29 U.S.C. 2617(a)(2). Venue 3. Venue is proper in the District of Colorado pursuant to 28 U.S.C. 1391(b)(2) as the complained of employment actions occurred in the State of Colorado. 1

Case 1:10-cv-02125-LTB Document 1 Filed 08/31/10 USDC Colorado Page 2 of 5 Parties 4. Ms. Olivas is a 20 year old female who resides in El Paso County, Colorado. 5. Ms. Olivas worked for Wal-Mart Stores, Inc. as a cashier at Store #1434 until her employment was involuntarily terminated on August 10, 2009. 6. Ms. Olivas is an eligible employee within the meaning of 29 U.S.C. 2611(2) of the FMLA. 7. Wal-Mart Stores, Inc. is a foreign corporation doing business in good standing in the State of Colorado. 8. Wal-Mart Stores, Inc. conducts business in Colorado Springs, Colorado at Store # 1434 located at 707 South Eighth Street, Colorado Springs, Colorado, 80905. 9. Wal-Mart Stores, Inc. is an employer within the meaning of 29 U.S.C. 2611(4) of the FMLA. Factual Allegations 10. Ms. Olivas worked for Wal-Mart Stores, Inc. at Store #1434 in Colorado Springs from or about June 18, 2008 until her employment was terminated on August 10, 2009. 11. During her employment with Wal-Mart Stores, Inc. Ms. Olivas began to suffer from a medical condition that required medical assistance. 12. As a result of her medical condition Ms. Olivas submitted paperwork to take her 12 weeks of leave under the FMLA. 13. Ms. Olivas requested her FMLA leave on three separate occasions. 2

Case 1:10-cv-02125-LTB Document 1 Filed 08/31/10 USDC Colorado Page 3 of 5 14. Ms. Olivas submitted her first FMLA request to Vandee in Personnel. 15. Vandee rejected Ms. Olivas first request for FMLA leave because she claimed it was filled out incorrectly. 16. Ms. Olivas then submitted her second request for FMLA leave approximately two weeks later to Bridget, the Co-Manager of Store #1434. 17. Bridget rejected Ms. Olivas second request for FMLA leave because Ms. Olivas physician was unable to provide a definite ending date for the duration of Ms. Olivas medical condition. 18. Finally, on or about July 8, 2009 Ms. Olivas submitted her final request for FMLA leave, along with a written certification of her medical condition as provided by her physician, to Donald, the Assistant Manager of Store #1434. 19. Ms. Olivas never received any written notice that her final FMLA request had been granted or rejected. 20. Ms. Olivas never received any written notice stating whether she was eligible for FMLA leave. 21. Ms. Olivas never received any written notice that her requested leave would not be designated as FMLA-qualifying. 22. According to Wal-Mart Stores, Inc. attendance records, from June 12, 2009 through July 9, 2009 Wal-Mart Stores, Inc. recorded Ms. Olivas absences as authorized absences under the FMLA. 23. From July 10, 2009 through August 9, 2009 Wal-Mart Stores, Inc. recorded each of Ms. Olivas twenty three absences as no call/no shows. 3

Case 1:10-cv-02125-LTB Document 1 Filed 08/31/10 USDC Colorado Page 4 of 5 24. As a result of these no call/no show dates Wal-Mart Stores, Inc. involuntarily terminated Ms. Olivas employment for alleged job abandonment. 25. At the time her employment was involuntarily terminated for allegedly abandoning her job Ms. Olivas believed that she was on FMLA leave. Cause of Action FMLA Notice Violations 26. Plaintiff herein incorporates paragraphs 1 through 25 by reference. 27. Wal-Mart Stores, Inc. failed to comply with the FMLA Employer Notice Requirements contained in 29 C.F.R. 825.300 by failing to provide Ms. Olivas an eligibility notice, rights and responsibilities notice, and a designation notice. 28. 29 C.F.R. 825.300(e) states that a, Failure to follow the notice requirements set forth in this section may constitute an interference with, restraint, or denial of the exercise of an employee s FMLA rights. 29. 29 U.S.C. 2615(a)(1) makes it unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under the FMLA. 30. By failing to follow the FMLA Employer Notice Requirements Wal-Mart Stores, Inc. interfered with, restrained, or otherwise denied Ms. Olivas the exercise of her FMLA rights. 31. Wal-Mart Stores, Inc. s failure to comply with the FMLA Employer Notice Requirements caused the termination of Ms. Olivas employment by not providing her the notice or information necessary to determine that her absences from work would not be counted as FMLA leave. 4

Case 1:10-cv-02125-LTB Document 1 Filed 08/31/10 USDC Colorado Page 5 of 5 PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for the following relief: 1. Backpay in amount equal to lost compensation and benefits; 2. Damages for all other monetary losses sustained as a direct result of the violation; 3. Reinstatement or front pay in lieu thereof; 4. Liquidated damages; 5. Pre- and post- judgment interest at the highest statutory rate; 6. Costs and attorneys fees pursuant to Fed. R. Civ. P. 54 and 29 U.S.C. 2617; and 7. All other legal or equitable relief the court deems appropriate. DEMAND FOR A JURY TRIAL Plaintiff demands a jury trial for all issues triable by jury. Respectfully submitted this 31st day of August, 2010. CORNISH and DELL OLIO Plaintiff s Address: 2290 Skyview Lane, Apt. 1110 Colorado Springs, CO 80904 /s/bradley J. Sherman Bradley J. Sherman, # 39452 Cornish and Dell Olio 431 N. Cascade Avenue, Ste. 1 Colorado Springs, CO 80903 Telephone: (719) 475-1204 Fax: (719) 475-1264 Email: bsherman@cornishanddellolio.com Attorneys for Plaintiff 5