Case 3:12-cv-00408-LRH -WGC Document 1

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Brian R. Morris, Esq. Nevada Bar No. 5431 59 Damonte Ranch Parkway, B-221 Reno, Nevada 89521 (775) 323-2800 (775) 313-0876 (Fax) Attorney for Plaintiff

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA REBECCA C. SMITH, Plaintiff, vs. AMAZON.COM.NVDC, INC. Defendant. ) ) ) 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 leave under 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 points as a basis to terminate her.
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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 to her need for leave. 9. During the relevant times, Defendant was engaged in activities that affected interstate commerce 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 trial by jury, on all issues in the above entitled matter.

Dated this 3rd day of August, 2012.

Brian Morris, Esq.

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