`
`DeAnne Casperson, Esq. (ISB No. 6698)
`dcasperson@workandwage.com
`Amanda E. Ulrich, Esq. (ISB No. 7986)
`aulrich@workandwage.com
`Ryan S. Dustin, Esq. (ISB No. 8683)
`rdustin@workandwage.com
`CASPERSON ULRICH DUSTIN PLLC
`356 Sunnyside Rd., Suite B
`Idaho Falls, ID 83402
`Telephone: (208) 524-0566
`Facsimile: (208) 745-2523
`
`Attorneys for Plaintiff
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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF IDAHO
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`TOMMY “SHANE” BODEN,
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`Case No. ____________
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`Plaintiff,
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`v.
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`COMPLAINT AND DEMAND FOR
`JURY TRIAL
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`CROP PRODUCTION SERVICES, INC.,
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`Filing Fee: $400.00
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`Defendant.
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`Plaintiff, Tommy “Shane” Boden, by and through his counsel of record Casperson Ulrich
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`Dustin PLLC, as a cause of action against Defendant, Crop Production Services, Inc., alleges and
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`complains as follows:
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`JURISDICTION AND VENUE
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`1.
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`This is an action brought under the Americans with Disabilities Act Amendments Act
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`(“ADAAA”), 42 U.S.C. § 12101, et seq.; and the Age Discrimination in Employment Act
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`(“ADEA”), 29 U.S.C. § 621, et seq.; and the common law of the State of Idaho
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`2.
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`This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1343 and 1367; 42 U.S.C.
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`§ 12117; and 29 U.S.C. § 626.
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`1 - COMPLAINT AND DEMAND FOR JURY TRIAL
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`Case 4:18-cv-00266-JMM Document 1 Filed 06/11/18 Page 2 of 10
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`3.
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`Venue in this action properly lies in the United States District Court for the District of Idaho,
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`Eastern Division, pursuant to 28 U.S.C. § 1391(b) because the claims arose in this judicial
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`district; and venue also properly lies in this district pursuant to 42 U.S.C. § 12117 because
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`the unlawful employment practices were committed in this judicial district.
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`4.
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`5.
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`6.
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`7.
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`8.
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`PARTIES
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`Plaintiff Tommy “Shane” Boden (“Boden” or “Plaintiff”) is a citizen and a resident of the
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`United States of America, who resides in Ammon, Idaho.
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`Defendant Crop Production Services, Inc. (“Defendant”) is a Delaware corporation which
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`conducts business in Idaho, and has an office in Idaho Falls, Idaho.
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`At all times material to this Complaint, Defendant regularly employed fifteen or more
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`persons, and was engaged in an industry affecting commerce, bringing Defendant within the
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`ambit of 42 U.S.C. § 12111. Defendant also regularly employed twenty of more persons, and
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`was engaged in an industry affecting commerce, bringing Defendant within the ambit of 29
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`U.S.C. § 630.
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`FACTS COMMON TO ALL COUNTS
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`Boden realleges and incorporates by reference paragraphs 1 through 6 above, as though fully
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`incorporated herein.
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`Boden began working for Defendant in or around March 2014, as an agricultural salesperson.
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`Boden was recruited by Michael Larkin (“Larkin”) and hired by Larkin and Jeremy Jensen
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`(“Jensen”). However, Larkin was Boden’s direct supervisor. Larkin left the company
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`approximately nine months after Boden started.
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`9.
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`After Larkin left the company, Jensen assigned Boden to report directly to Greg Eames
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`(“Eames”) who was the manager at the Roberts, Idaho store. Eames was known to be very
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`2 - COMPLAINT AND DEMAND FOR JURY TRIAL
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`Case 4:18-cv-00266-JMM Document 1 Filed 06/11/18 Page 3 of 10
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`difficult to work for. Jensen assigned Boden to work under Eames and moved the sales
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`person who was struggling to work under Eames to a different location.
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`10.
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`At all times he was employed by Defendant, Boden performed his job duties in a satisfactory
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`manner.
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`11.
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`On or about April 6, 2016, Boden was injured at work when he lost his balance stepping off
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`a piece of equipment and fell back onto some discarded metal framework salvage.
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`12.
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`After Boden was able to get up from the fall, he realized he had torn his shirt and was
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`bleeding from several scrapes and cuts. He immediately went to the office and reported the
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`injury to his supervisor Eames.
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`13.
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`Eames asked if Boden was okay and he said, “I think so.” However, Boden believed that
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`Eames would make the proper reports of workplace injury as he was required to do.
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`However, Boden later learned that Eames did not document or report Boden’s injury.
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`14.
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`Although the scrapes and cuts from Boden’s injury eventually healed, he began having pain
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`in his back and right leg. Consequently, on or about May 5, 2016, Boden spoke with Eames
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`regarding seeing a doctor for his injury.
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`15.
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`Eames informed Boden that he would have to use his own medical insurance because Eames
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`could not do anything to submit Boden’s injury as a worker’s compensation claim. Eames
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`also informed Boden that he did not want to try to submit the injury to worker’s
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`compensation because the paperwork was “two feet high.”
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`16.
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`After Boden explained to Eames that he would not use his own insurance for treatment for
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`the injury, Eames said it was out of his hands, and that Boden would have to call Scott
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`Clelland (“Clelland”) who was the Environmental Health, Safety and Security representative
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`for Defendant’s Snake River Division.
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`3 - COMPLAINT AND DEMAND FOR JURY TRIAL
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`Case 4:18-cv-00266-JMM Document 1 Filed 06/11/18 Page 4 of 10
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`17.
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`Boden contacted Clelland and explained his April 6, 2016, injury and his ongoing issues with
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`pain. Clelland informed Boden that submitting a workers compensation claim was relatively
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`easy, but that Clelland could not do so because Eames never filled out an injury report.
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`18.
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`Clelland then instructed Boden on how to complete an accident form online to submit. It
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`took Boden approximately 20 minutes to fill out the form.
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`19.
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`After Boden submitted the accident report and filed his claim, he saw a doctor who referred
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`him to a spine specialist.
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`20.
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`Boden received cortisone injections, and continued to have ongoing problems and medical
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`treatment associated with the April 6, 2016, injury.
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`21.
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`On or about May 12, 2016, several days after Boden spoke with Eames about his need for
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`medical treatment, Defendant’s Snake River Division Manager Jensen called Boden and
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`asked Boden how he had injured himself.
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`22.
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`After Boden explained how he was injured, Jensen repeatedly told him that he “knew better”
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`when Boden told him he believed he was required to report the injury. Jensen again said that
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`Boden “knew better.”
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`23.
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`Jensen then started interrogating Boden about his injury, asking if he was sure that he had
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`not injured himself earlier and was now turning it in to get coverage from the company.
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`Boden was shocked by Jensen’s conduct, given that Boden had simply followed company
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`protocol, and informed Jensen as much.
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`24.
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`Boden also informed Jensen that he really did injure himself at work and would gladly allow
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`him to review Boden’s medical records to verify his injuries.
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`4 - COMPLAINT AND DEMAND FOR JURY TRIAL
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`Case 4:18-cv-00266-JMM Document 1 Filed 06/11/18 Page 5 of 10
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`25.
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`Subsequent to the phone call from Jensen, Boden’s work environment changed significantly.
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`Eames would no longer speak with Boden unless completely necessary, and Jensen would
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`not return Boden’s calls for several weeks.
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`26.
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`27.
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`Eames is well known for his offensive treatment of employees, including Boden.
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`Eames apparently also told another custom applicator that “every day I try to fire that son-of-
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`a-b**ch,” referring to Boden.
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`28.
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`In or around May or June 2016, Defendant hired a young man to work as a salesman in the
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`Idaho Falls North area (“New Salesman”). New Salesman had recently graduated from
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`college and had little experience.
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`29.
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`Boden thought it was odd that they would hire another sales person for the same area covered
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`by Boden and was still being developed.
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`30.
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`Shortly after New Salesman was hired, Boden received a call from the employee of one of
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`Boden’s established farm accounts. The employee told Boden that New Salesman had
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`visited his farm in a remote area of Birch Creek. New Salesman had tried to solicit business
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`but the employee of the established farm account informed New Salesman that they already
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`did business with Defendant through Boden.
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`31.
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`New Salesman stated to the employee that he did not know why Defendant had sent him all
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`the way to the remote farm or why Defendant had him visit other client accounts already
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`purchased through Boden. New Salesman also stated to the employee that he did not want
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`Boden to know New Salesman had gone to the farm.
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`32.
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`Eames and Jensen also began increasing their criticisms of Boden and his performance, based
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`upon untrue allegations.
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`5 - COMPLAINT AND DEMAND FOR JURY TRIAL
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`Case 4:18-cv-00266-JMM Document 1 Filed 06/11/18 Page 6 of 10
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`33.
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`On August 16, 2016, Eames sent Boden an email, on which Jensen was copied, wherein
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`Eames reprimanded Boden for requesting to write off the interest on a particular account.
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`However, Boden had informed Eames at least two months prior that the account in question
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`was undergoing changes to their accounts payable and that there might be a hiccup or two
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`in processing payments.
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`34.
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`Boden explained the situation to Jensen in an email and asked to discuss Eames’ behavior
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`with Jensen.
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`35.
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`Between August and September 2016, Boden began getting pressure from Jensen regarding
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`his sales performance and gross margins. However, Boden had reached the performance and
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`gross margin goals he had been given, and, based upon Boden’s knowledge of his own sales,
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`he was on track to not only meet, but exceed, the given 2016 performance and gross margin
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`goals he had been given.
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`36.
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`Despite this, Jensen refused to share Boden’s numbers with him, but told Boden his gross
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`margins were not high enough.
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`37.
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`In October 2016, Defendant terminated Boden’s employment. Jensen told Boden that Boden
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`was being fired because his numbers were not meeting Defendant’s requirements. However,
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`Boden still had three more months to meet his goals, and New Salesman was interfering as
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`directed by Defendant with Boden’s assigned area and accounts.
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`38.
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`Jensen told Boden that an additional three months would not be enough to meet his goals.
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`When Boden offered to reduce his wages to give himself another year to build sales, Jensen
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`refused.
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`39.
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`On or about November 9, 2016, Boden was helping one of his former customers from when
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`he was employed by Defendant look at some weed issues he was having along one of his
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`6 - COMPLAINT AND DEMAND FOR JURY TRIAL
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`Case 4:18-cv-00266-JMM Document 1 Filed 06/11/18 Page 7 of 10
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`canal banks. Unprompted, the customer called Jensen on his cell phone and put the call on
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`speaker phone. When the customer asked Jensen why he fired Boden, Jensen stated it was
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`really tough out there, but that he had hired someone younger who could offer more services
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`to the customer. Jensen reiterated this statement at least three times.
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`40.
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`The customer responded to Jensen stating Boden was the best fieldman he had ever had and
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`asked how the New Salesman, fresh out of college could know all of the chemicals and
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`fertilizer that the customer needed. The customer stated, “I would rather have someone that
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`knows something than have someone young.”
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`41.
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`42.
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`Jensen conceded that the New Salesman was new, but that he was raised on a farm.
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`On or about April 4, 2017, Boden dually filed a Charge of Discrimination with the Idaho
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`Human Rights Commission (“IHRC”) and the Equal Employment Opportunity Commission
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`(“EEOC”).
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`43.
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`On or about March 13, 2018, Boden received his Notice of Right to Sue Letter from the
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`IHRC. On or about March 20, 2018, Boden received his Notice of Right to Sue Letter from
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`the EEOC. Boden has exhausted his administrative remedies.
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`COUNT ONE
`VIOLATION OF THE AMERICANS WITH
`DISABILITIES ACT AMENDMENTS ACT
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`44.
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`Boden realleges and incorporates by reference paragraphs 1 through 43 above, as though
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`fully incorporated herein.
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`45.
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`Boden had a disability as defined by the ADAAA, in that he had an actual disability, a record
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`of disability, or was regarded as being disabled by Defendant.
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`46.
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`Defendant took adverse employment action against Boden when Defendant pretextually
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`reprimanded Boden and when it terminated Boden’s employment.
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`7 - COMPLAINT AND DEMAND FOR JURY TRIAL
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`Case 4:18-cv-00266-JMM Document 1 Filed 06/11/18 Page 8 of 10
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`47.
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`48.
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`Defendant discharged Boden on the basis of his disability.
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`As a direct and proximate result of Defendant’s actions and/or failures to act, Boden has
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`suffered and will continue to suffer a loss of earnings and other employment benefits and job
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`opportunities. Boden is thereby entitled to general and compensatory damages, such amount
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`to be proven at trial, as well as any other equitable remedies available to him.
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`49.
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`Defendant’s conduct was malicious and oppressive, and done with reckless disregard for
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`Boden’s federally protected rights, for which Boden is entitled to punitive damages.
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`COUNT TWO
`VIOLATION OF THE AGE DISCRIMINATION
`IN EMPLOYMENT ACT
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`50.
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`Boden realleges and incorporates by reference paragraphs 1 through 49 above, as though
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`51.
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`52.
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`53.
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`54.
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`55.
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`56.
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`fully incorporated herein.
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`Defendant terminated Boden’s employment.
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`Boden was over 40 years of age at the time of termination.
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`Boden was performing his job satisfactorily.
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`Defendant replaced Boden with someone who was substantially younger and/or treated other
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`individuals who were significantly younger than Boden more favorably than Boden.
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`Defendant terminated Boden’s employment because of his age.
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`As a direct and proximate result of Defendant’s actions and/or failures to act, Boden has
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`suffered and will continue to suffer a loss of earnings and other employment benefits and job
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`opportunities. Boden is thereby entitled to damages in such amount to be proven at trial.
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`57.
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`Defendant’s conduct was willful, and done with a reckless disregard for Boden’s federally
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`protected rights, for which Boden is entitled to liquidated damages pursuant to 29 U.S.C.
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`§ 626(b).
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`8 - COMPLAINT AND DEMAND FOR JURY TRIAL
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`Case 4:18-cv-00266-JMM Document 1 Filed 06/11/18 Page 9 of 10
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`COUNT THREE
`WRONGFUL TERMINATION IN CONTRAVENTION
`OF PUBLIC POLICY
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`58.
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`Boden realleges and incorporates by reference paragraphs 1 through 57 above, as though
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`fully incorporated herein.
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`59.
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`Boden engaged in protected activity when he reported work-related injuries and/or a
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`disability, sought medical treatment for a work-related injury, and pursued a worker’s
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`compensation claim associated with his work-related injury.
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`60.
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`Defendant retaliated against Boden and terminated Boden as result of Boden reporting his
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`work-related injuries, seeking medical treatment for his work-related injury, and pursing a
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`worker’s compensation claim associated with his work-related injury.
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`61.
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`62.
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`Defendant violated the public policy of the State of Idaho by its retaliatory actions.
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`As a direct and proximate result of Defendant’s actions and/or failures to act, Boden has
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`suffered and will continue to suffer a loss of earnings and other employment based job
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`opportunities. Boden is thereby entitled to damages, such amount to be proven at trial, as
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`well as other equitable remedies available to him.
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`ATTORNEY’S FEES
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`63.
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`As a further direct and proximate result of Defendant’s actions and/or failures to act, Boden
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`has been compelled to retain the services of counsel, and has thereby incurred and will
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`continue to incur costs and attorney’s fees which should be required to be paid by the
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`Defendants pursuant to Idaho Code §§ 12-120, and 12-121; 42 U.S.C. § 12205; and 29
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`U.S.C. § 626(b).
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`9 - COMPLAINT AND DEMAND FOR JURY TRIAL
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`Case 4:18-cv-00266-JMM Document 1 Filed 06/11/18 Page 10 of 10
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`DEMAND FOR JURY TRIAL
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`Boden demands trial by jury as to all issues triable to a jury in this action.
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`PRAYER FOR RELIEF
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`WHEREFORE, Boden seeks judgment against the Defendant as follows:
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`For compensatory and general damages as well as statutorily available damages in an amount
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`as shall be proven at trial, and any available equitable remedies;
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`For punitive damages;
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`For attorney’s fees pursuant to statute and costs of suit; and
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`For such other and further relief as the Court deems just and proper.
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`Dated this 11th day of June, 2018.
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`1.
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`2.
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`3.
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`4.
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` /s/
`DeAnne Casperson
`CASPERSON ULRICH DUSTIN PLLC
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`C:\Users\Dana\Casperson Ulrich Dustin PLLC\Casperson Ulrich Dustin PLLC Team Site - Documents\DC\19446 Boden\Pleadings\Complaint.wpd:dg
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`10 - COMPLAINT AND DEMAND FOR JURY TRIAL
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