IN THE COURT OF EUTOPIA CITY, COMMON PLEAS OF THE CAPITAL DISTRICT TERRITORY
Annie Oakleaf et al,
Plaintiffs,
vs.
Eutopian National Defense Technologies (“ENDTech”) - a state corporation,
ENDTech d.b.a. ENDZone Stores - retail store operator in several provinces,
and Brevet Lt. General Marcus Levarge - CEO of ENDTech,
Defendants.
CIVIL DIVISION
G.D. No. 09-C002
Code: CLASS ACTION
COMPLAINT IN CIVIL ACTION
Filed on behalf of Plaintiffs
Counsel of Record for this Party:
Loic de Fourgéres, Esq., Crusading Advocates LLC
EU. I.D. No. 0902
EUTOPIAN OFFICE OF THE ATTORNEY GENERAL
100 N. Jacobia Ave.
Eutopia City
COMPLAINT IN CIVIL ACTION - CLASS ACTION
Introduction
1. MDIS Hawkton J. Tilly, (“Tilly”), as permitted in the Constitution, appointed a new CEO of ENDTech, one Brigadier Marcus Levarge, (“Levarge”), whom he also brevetted to the rank of Lieutenant General. In the same press release in which this appointment was announced, he also announced that ENDTech's retail operations would be terminated. Shortly after seven AM on the morning of the first day at which he appeared at ENDTech HQ in his new job, Levarge dismissed the directors of marketing, sales, and retail operations, and deviated from established company policy regarding the treatment of terminated employees. He also announced the closure of those three divisions, made unfavorable remarks about those employed therein, directed that less than customary severance be paid, instructed that the ENDZone stores be closed and liquidated.
2. These actions were variously in breach of contracts, both written and implied, and contrary to established ENDTech policy, collective bargaining agreements, Provincial law, and/or Eutopian law.
3. These actions led to the loss of income and livelihood for the impacted employees, damage to their reputation and employability, and emotional and physical pain and suffering for the employees and their families.
Parties
4. Parties to this lawsuit include Annie Oakleaf, formerly of the marketing division ENDTech, all current and former ENDTech employees who have joined their suits to hers in this class action suit [listed in the attached appendix], and the families/heirs of terminated ENDTech who have died since being terminated.
Jurisdiction and Venue
5. The several Courts of Common Pleas in all provinces in Eutopia have, respectively, personal jurisdiction over the parties in this action. A petition is hereby made to combine these similar cases in this venue.
6. This Court has subject matter jurisdiction over this action.
Statement of Facts
7. As a result of the defendants' wrongful conduct, including wrongful termination, breach of contract, failure to follow company policy, violation of national and provincial law, and in respect of defendant Levarge, slander, the plaintiffs suffered the loss of income and livelihood for the impacted employees, damage to their reputation and employability, and emotional and physical pain and suffering for the employees and their families.
Class Action Allegations
8. The class consists of all persons identified under Parties above or in the appendix, residing in Eutopia and its territories.
9. The members of the Class are numerous. The monetary value of Class members’ claims are such that individual Class members, as a practical matter, cannot seek redress on an individual basis. Collective adjudication of claims represents the most efficient, and indeed, only viable means of seeking judicial redress against defendants.
10. Prosecution of separate actions by Class members, further, would risk inconsistent or varying adjudications, which would establish incompatible standards of conduct for the defendants.
Claims
Plaintiff hereby alleges each and every cause of action and remedy at law or in equity supported by the facts alleged in this Complaint. The causes of action and remedies at law or in equity include the following general claims:
11. Reinstatement with back pay from date of dismissal,
12. Filing of sixty (60) day’s notice concerning the intention to reduce staff, in accordance with the national collective bargaining arrangement,
13. Working in good faith during that period to find an outside investor or employee co-operative to take over and run the ENDZone stores that is acceptable to a majority of the personnel that would work in the operations to be transferred to a new operator,
14. Review of personnel performance records and seniority in determining which employees would be included in the reduction in force, in accordance with company policy and the national collective bargaining arrangement,
15. Payment of one month’s salary per year of service to terminated employees, with the service history being rounded up to count a partial year as a full year, in accordance with Eutopian custom, implicit contract, and prior ENDTech practice,
16. Offering outplacement assistance, psychological counseling, and six (6) months continuation of employer provided insurance for terminated employees in accordance with company practice and policy,
17. Dropping of all claims by ENDTech against employees for actions prior to the appointment of Levarge as CEO,
18. That Levarge send a letter of apology to each employee, retracting his “deadwood” remark, pay each employee one ducat in damages, and provided he continues as CEO of ENDTech, complete training courses in industrial relations, sensitivity training, ENDTech personnel management policy/procedures within six months, and,
19. That this Court shall award plaintiff’s claim of any attorneys’ fees and costs of suit as provided by applicable law.
OFFICE OF THE ATTORNEY GENERAL OF EUTOPIA
By Loic de Fourgéres
EU. I.D. No. 0902
EUTOPIAN OFFICE OF THE ATTORNEY GENERAL
100 N. Jacobia Ave.
Eutopia City
Attorney for the Plaintiffs
