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Case ID: 3077 | Civil Rights | 05/26/2004
A nationwide class action has been filed in Ohio against supermarket giant, The Kroger Company. The action is brought on behalf of all current and former employees of Kroger whose health insurance was either reduced or cancelled while on medical leave or who were not reinstated to their previous position once they returned from medical leave. The action is brought under the federal Family Medical Leave Act and seeks statutory and liquidated damages as well as injunctive and declaratory relief.
According to employees, Kroger has willfully violated various provisions of the federal Family Medical Leave Act. The act was designed to provide employees an opportunity to temporarily cease working due to a personal serious medical condition, or to care for relatives with serious medical conditions. The act ensures that an employee will continue to receive benefits, such as health insurance, while on leave and will return to their current, or an equivalent position, once they are no longer on leave. The act allows for 12 weeks of leave per year for an employee that gives proper notice to their employer of their intent to take leave under the act. The employees contend that Kroger violated the act in several ways. Initially, the employees claim that Kroger either failed to pay their health insurance entirely, causing a loss of insurance, or paid at a reduced rate, causing the employees increased out of pocket expenses. The employees also claim that Kroger frequently demoted them upon returning to work from leave into jobs offering less benefits. The employees final claim is that Kroger interfered with their rights to take leave under the act and has, through its actions, discouraged employees from exercising their rights to take medical leave. Counsel for Kroger, after initially denying any violations, has admitted that the company has been suffering from an internal "paperwork" problem by which Kroger fails to ensure, when an employee takes leave under the act and thereafter, continuation of employee's health care coverage and other employment aspects. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Civil Rights Cases of Interest A class action has been filed against John Ashcroft, the Department of Homeland Security and others for failing to issue documentation (green cards) to lawful permanent residents (LPRs) of the United States. Class members allege that the government’s inaction has caused them profound injuries such as the inability to attain employment and fear of being detained or deported. Class members seek mandamus (a command to perform a lawful duty), declaratory and injunctive relief. The case, filed in July of 2004, was granted class certification on October 14, 2004. Forty-four former information systems (IS) employees today filed a class action age discrimination lawsuit against Best Buy Company, Inc., in Federal District Court. The suit alleges that the consumer electronics retail giant unlawfully terminated the employment of the plaintiffs and other older IS employees based on their ages, in violation of state and federal anti-discrimination laws. The suit seeks monetary damages and other relief on behalf of the older workers. A civil liberties group sued AT&T Inc. for its alleged role in helping the National Security Agency spy on the phone calls and other communications of U.S. citizens without warrants. The class action lawsuit, filed in U.S. District Court in San Francisco by the Electronic Frontier Foundation, seeks to stop the surveillance program that started shortly after the 2001 terrorist attacks. Title VII of the 1964 Civil Rights Act prohibits employment discrimination based on race, color, religion, sex or national origin and protects employees who complain about such offenses from retaliation. A class action has been filed against Labor Ready, Inc. on behalf of current and former employees in Labor Ready's Memphis and Jackson, Tennessee, offices, alleging that the company not only discriminated against black employees in violation of their civil rights, but punished white employees who tried to do something about the discrimination.
A statewide class action has been brought in Massachusetts against collection giant, Risk Management Alternatives, Inc. The action is brought on behalf of all Massachusetts residents who, since December 15, 1999, have been subject to alleged unfair collection activities by Risk Management. The action is brought under the federal Fair Debt Collection Practices Act and Massachusetts collection and consumer protection law and is seeking actual, statutory, treble and compensatory damages as well as injunctive and declaratory relief and
disgorgement of profits.
A statewide collective action with possible national reach has been filed in West Virginia against credit card customer service giant, Applied Card Systems, Inc. The action is brought on behalf of all West Virginia employees of Applied who were not paid proper overtime compensation for all hours worked beyond 40 per week. The action is brought under the federal Fair Labor Standards Act and seeks statutory and liquidated damages as well as injunctive and declaratory relief. As a collective action, all potential claimants must voluntarily "opt-in" to the action in order to be considered a member of the class. The employees have requested that the court issue notice to all potential claimants. |
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