United States District Court, S.D. Indiana, Indianapolis Division
CURTIS L. WESTBROOK, Plaintiff,
KEIHIN AIRCON NORTH AMERICA, Defendant.
ENTRY ON DEFENDANTS' MOTIONS
WILLIAM T. LAWRENCE, District Judge.
This cause is before the Court on two motions filed by Defendants Keihin Aircon North America, Inc., ("Keihin") and Donald "D.J." Sanders: a motion for partial judgment on the pleadings (dkt. no. 47) and a motion to dismiss (dkt. no. 75). Both motions are fully briefed and the Court, being duly advised, rules as follows.
MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS (Dkt. No. 47)
In his Amended Complaint, Westbrook alleges that he
was a temporary-to-hire employee via First Call Staffing Agency of Muncie, IN. Plaintiff had been employed 90 days and had been approved for full-time hire by [Keihin]. However, on Jan. 6, 2012, Plaintiff decided to go home prior to the start of his shift and clocked out. Prior to clocking out, Plaintiff had [a] short conversation with First Call Staffing rep Kerri Branum and line supervisor Pam Nash. Within 15 minutes of clocking out, the Plaintiff received a phone call from Kerri indicating [Sanders] did not want me to return.
Westbrook asserts three claims: (1) "the Defendants conspired together to terminate the Plaintiff's employment and thus injuring the Plaintiff financially and oppressed the Plaintiff during his employment and terminated the Plaintiff's employment in retaliation of his exercise of his rights and privileges"; (2) "the Defendants deprived the Plaintiff of his right and privilege to clock out and go home after notifying the proper personnel. The Defendant's termination of the Plaintiff's employment was clearly retaliation"; and (3) "Defendant violated Plaintiff's rights and privileges regarding right to apply for and enjoy employment." As supporting facts, the Plaintiff lists the following:
Plaintiff had stellar 90 day employment record
Plaintiff assigned quality inspector position v. assembly
Plaintiff worked xtra [sic] hours compared to co-classmates
Plaintiff's education, related training, related experience, and related skills superior to many
Defendants inquired of Plaintiff's actions on 2 occasions: (1) using rear restroom (no to use = sign missing); (2) move car from handicapped parking section (harassed Pl.)
Defendants passed over Plaintiff during hiring
Plaintiff notified Kerri Branum and Pam Nash ...