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NICHOLAS THOMPSON, )
)
Plaintiff, )
)
v. ) No.
)
UNITED PARCEL SERVICE, INC., ) JURY DEMAND (6)
and TYRONE FOXWORTH, )
)
Defendants. )
________________________________________________________________________
COMPLAINT
________________________________________________________________________
Comes the Plaintiff, Nicholas Thompson, by and through counsel, and files this
lawsuit against the Defendants, United Parcel Service, Inc. and Tyrone Foxworth,
the Fair Labor Standards Act (FLSA), and for his cause of action states as follows:
I. INTRODUCTION
1. Plaintiff brings this action against United Parcel Service, Inc. (“UPS”) and
Tyrone Foxworth, individually, pursuant to the collective action provision of the FLSA
found at § 216(b), for legal relief to address unlawful violations of Plaintiff’s rights under
the FLSA, which have deprived Plaintiff, as well as others similarly-situated to Plaintiff,
of their lawful wages. This suit is brought on behalf of Plaintiff and all others similarly-
overtime compensation owed to Plaintiff and all current and future UPS employees in
workers providing labor and performing services at UPS Distribution Centers in Davidson
County, Tennessee within the three-year period prior to filing this Complaint.
3. During the three-year. Prior to the filing of this Complaint through the
present, Defendants have and continue to commit FLSA violations by requiring certain of
their non-exempt employees to routinely work more than eight hours per day without
have often not been paid any wage for work in excess of forty hours per week.
action seek unpaid minimum wages and overtime compensation, an equal amount of
6. UPS is an Ohio Corporation that conducts business across the United States
and the world, including in Davidson County, Tennessee, where UPS has at least two
Distribution Centers. Plaintiff was employed at one of these Distribution Centers from
8. This is an action brought under a federal statute. This Court has jurisdiction
III. FACTS
10. During his employment with UPS, Plaintiff worked as an hourly paid, non-
exempt employee. Defendant was paid hourly based on an annual salary of $22,093.
11. Plaintiff began work as a package handler with UPS in August 2016. In
supervisor until he was forced to quit UPS in December 2018. In the Spring of 2017,
Plaintiff began fulfilling the role of a full-time supervisor, although he was still officially
supposed to work more than 27.5 hours per week, unless instructed otherwise by his
12. Beginning in August 2018, Plaintiff was supervised by Mr. Foxworth. Mr.
Foxworth was at all times acting directly or indirectly in the interest of Plaintiff’s employer,
UPS. Throughout the recovery period applicable to this action, Mr. Foxworth directed and
controlled the work of Plaintiff and some of the similarly-situated employees, and directly
similarly-situated employees.
13. Mr. Foxworth and other upper-level supervisors at the Nashville Distribution
Centers are evaluated based on their ability to run their operations within certain budgets.
Mr. Foxworth met these budget expectations by taking time from Plaintiff, other lower-
level supervisors, and package handlers. These workers were simply not paid by UPS for
all the hours they worked, at Mr. Foxworth’s direction. Although Plaintiff almost always
worked more than ten hours in a shift, Mr. Foxworth told Plaintiff that he was never to log
more than nine hours in any one shift. Mr. Foxworth repeatedly told Plaintiff and other
lower-level supervisors that if they went over a certain amount of time, ranging from 30-
45 hours per week, they were to transfer the extra time to a later date so that they would
not have to be paid overtime. However, there was never any subsequent date to which
Plaintiff could transfer the excess time, as Plaintiff worked more than ten hours on virtually
14. Throughout his employment at UPS, Plaintiff worked hundreds of hours for
which he should have been paid overtime but was not. In fact, Plaintiff was paid nothing
15. The excessive unpaid hours that Mr. Thompson was working and the
unethical business practices that Mr. Foxworth forced upon him created a tremendous
2018. Plaintiff subsequently provided UPS with two weeks-notice of his resignation, but
Mr. Foxworth talked Plaintiff back into returning, hinting that he would promote him by
Simultaneously, Plaintiff filed a complaint with corporate regarding the multiple FLSA
violations. Instead of disciplining Mr. Foxworth, UPS promoted him to district manager.
16. Upon Plaintiff’s resignation, Mr. Foxworth instructed the human resources
this false and defamatory statement has been repeated to multiple potential employers of
Plaintiff, and has caused him to lose multiple job opportunities over the past year.
17. There are numerous other similarly-situated present and former employees
of UPS who have been improperly compensated in violation of the FLSA and who would
benefit from the issuance of a court-supervised notice of the present action. Those
similarly-situated employees are known to Defendants and are readily identifiable and
locatable through UPS’ records. Specifically, all current and former hourly employees
should be notified who, during the three years preceding the filing of this Complaint, up
through and including the date of this Court’s issuance of a court-supervised notice, have
been “suffered or permitted to work” for UPS without receiving their proper and lawful
COUNT ONE
and practice of violating the provisions of the FLSA by endeavoring to prevent the proper
20. Defendants have made no good-faith effort to comply with the FLSA with
properly investigating and punishing Mr. Foxworth for his blatant, intentional, and
have suffered damages by failing to receive their lawful minimum and overtime wages as
required by §§ 206-207 of the FLSA. Plaintiff and all others similarly-situated are entitled
to recover all such amounts, in addition to liquidated damages, interest, attorneys fees and
costs.
COUNT TWO
DEFAMATION
24. Defendants have told prospective employers of Plaintiff that Plaintiff was
suffered damages, including the loss of employment and harm to his reputation.
Premises considered, Plaintiff respectfully requests the Court to grant the following
relief:
b. At the earliest possible time, give or allow Plaintiff to give notice to all
persons who are presently or have at any time in the three years immediately preceding the
filing of this action, up and through the date of the issuance of Court-supervised notice,
notice should inform them that this action has been filed, the nature of the action, and of
d. Award Plaintiff and all similarly-situated employees attorneys fees and costs;
s/ Greg Oakley__________________________
Gregory H. Oakley (BPRN 16237)
104 Woodmont Boulevard, Suite 201
Nashville, Tennessee 37205
Tel: (615) 209-9814
Email: goakley@oakley-law.com
By my signature below, I hereby authorize the filing and prosecution of a Fair Labor
Standards Act action in my name and on my behalf by the named Plaintiff designate the
named plaintiff as my agent to make decisions on my behalf concerning the litigation, the
method and manner of conducting this litigation, the entering of an agreement with
Plaintiff’s Counsel concerning attorneys fees and costs, to file a proof of claim on my
behalf in the event Defendant)S_ file for bankruptcy protection under Chapters 7 or eleven
of the Bankruptcy Act, to negotiate and to take any other action necessary to present or
preserve my wage and hour claim against Defendant, United Partial Service, Inc., its
successors, owners, and/or principles including, but not limited to Tyrone Foxworth.
______________________ ___________________________________
Date Nicholas Thompson
Exhibit
exhibitsticker.com
1
Complaint
(b) County of Residence of First Listed Plaintiff Davidson County of Residence of First Listed Defendant Davidson
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Greg Oakley
104 Woodmont Blvd Ste 201
Nashville TN 37205 (615)209-9814
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State
u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.