Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Westbrook v. Keihin Aircon North America

United States District Court, S.D. Indiana, Indianapolis Division

December 5, 2014

CURTIS L. WESTBROOK, Plaintiff,
v.
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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.