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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
REBECCA C. SMITH,
Plaintiff,
vs.
AMAZON.COM.NVDC, INC.
Defendant.
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Case No. 3:12-cv-00408
COMPLAINT
(Jury Demand)
COMES NOW, Plaintiff, by and through undersigned counsel, and
complains, alleges and
avers as follows:
JURISDICTION
1. This action is brought pursuant to the Family and Medical
Leave Act, 29 U.S.C. 2601 et seq
The jurisdiction of this Court is invoked under 28 U.S.C.
1331.
GENERAL ALLEGATIONS
2. Defendant is a business entity conducting business in
Nevada.
3. Plaintiff needed time off work for a serious health condition
and Plaintiff was granted leaveunder the Family and Medical Leave
Act (FMLA), including intermittent leave.
4. Plaintiff took leave under the FMLA, including intermittent
leave in December of 2011.
5. Defendant assigned absentee points to the FMLA intermittent
leave Plaintiff took in December
of 2011 and then terminated Plaintiff on or about February 16,
2012 using those absentee point
as a basis to terminate her.
Brian R. Morris, Esq.Nevada Bar No. 543159 Damonte Ranch
Parkway, B-221Reno, Nevada 89521(775) 323-2800(775) 313-0876
(Fax)
Attorney for Plaintiff
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6. Plaintiff was eligible for leave under the FMLA.
7. Plaintiff worked for Defendant for more than a year.
8. Plaintiff worked for Defendant for more than 1250 hours
during the previous 12 months prior t
her need for leave.
9. During the relevant times, Defendant was engaged in
activities that affected interstate commerc
and had more than 50 employees in a 75 mile radius.
FIRST CLAIM (Violation of the Family and Medical Leave Act)
10. Plaintiff realleges each and every allegation as contained
above and hereby incorporates them by
this reference as if fully set forth herein.
11. Defendants employees are covered by the Family and Medical
Leave Act (FMLA), 29 U.S.C.
2601 et seq.
12. Defendant is a covered employer under the FMLA.
13. Plaintiff qualified for and was entitled to the protections
and rights under the FMLA including to
FMLA leave.
14. Defendant interfered with Plaintiffs FMLA rights and leave
when it terminated Plaintiff for
taking her intermittent FMLA leave.
15. Defendants interference was in violation of the FMLA.
16. Plaintiffs termination was in violation of the FMLA.
17. The above actions and nonactions by Defendant constitutes
violations of the Family and Medical
Leave Act (FMLA), 29 U.S.C. 2601 et seq.
18. As a proximate result of Defendants violations of the FMLA,
Plaintiff has been damaged in an
amount to be determined according to proof.
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19. Plaintiff is entitled to both compensatory and liquidated
damages as well as attorneys fees and
costs from Defendants violation(s) of the FMLA.
WHEREFORE, Plaintiff prays for judgment in her favor against
Defendant as follows:
1. For general, special, compensatory and liquidated damages in
an amount according to
proof;
2. For applicable prejudgment interest;
3. For attorney fees and costs of suit; and,
4. For such other and further relief as the Court deems just and
proper.
Dated this 3rd
day of August, 2012.
Brian Morris, Esq.
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DEMAND FOR JURY TRIAL
YOU, AND EACH OF YOU, WILL PLEASE TAKE NOTICE that Plaintiff
demands a tria
by jury, on all issues in the above entitled matter.
Dated this 3rd
day of August, 2012.
Brian Morris, Esq.
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