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Case 4:18-cv-00266-JMM Document 1 Filed 06/11/18 Page 1 of 10
`
`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
`
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF IDAHO
`
`TOMMY “SHANE” BODEN,
`
`Case No. ____________
`
`Plaintiff,
`
`v.
`
`COMPLAINT AND DEMAND FOR
`JURY TRIAL
`
`CROP PRODUCTION SERVICES, INC.,
`
`Filing Fee: $400.00
`
`Defendant.
`
`Plaintiff, Tommy “Shane” Boden, by and through his counsel of record Casperson Ulrich
`
`Dustin PLLC, as a cause of action against Defendant, Crop Production Services, Inc., alleges and
`
`complains as follows:
`
`JURISDICTION AND VENUE
`
`1.
`
`This is an action brought under the Americans with Disabilities Act Amendments Act
`
`(“ADAAA”), 42 U.S.C. § 12101, et seq.; and the Age Discrimination in Employment Act
`
`(“ADEA”), 29 U.S.C. § 621, et seq.; and the common law of the State of Idaho
`
`2.
`
`This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1343 and 1367; 42 U.S.C.
`
`§ 12117; and 29 U.S.C. § 626.
`
`1 - COMPLAINT AND DEMAND FOR JURY TRIAL
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`

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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
`
`district; and venue also properly lies in this district pursuant to 42 U.S.C. § 12117 because
`
`the unlawful employment practices were committed in this judicial district.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`PARTIES
`
`Plaintiff Tommy “Shane” Boden (“Boden” or “Plaintiff”) is a citizen and a resident of the
`
`United States of America, who resides in Ammon, Idaho.
`
`Defendant Crop Production Services, Inc. (“Defendant”) is a Delaware corporation which
`
`conducts business in Idaho, and has an office in Idaho Falls, Idaho.
`
`At all times material to this Complaint, Defendant regularly employed fifteen or more
`
`persons, and was engaged in an industry affecting commerce, bringing Defendant within the
`
`ambit of 42 U.S.C. § 12111. Defendant also regularly employed twenty of more persons, and
`
`was engaged in an industry affecting commerce, bringing Defendant within the ambit of 29
`
`U.S.C. § 630.
`
`FACTS COMMON TO ALL COUNTS
`
`Boden realleges and incorporates by reference paragraphs 1 through 6 above, as though fully
`
`incorporated herein.
`
`Boden began working for Defendant in or around March 2014, as an agricultural salesperson.
`
`Boden was recruited by Michael Larkin (“Larkin”) and hired by Larkin and Jeremy Jensen
`
`(“Jensen”). However, Larkin was Boden’s direct supervisor. Larkin left the company
`
`approximately nine months after Boden started.
`
`9.
`
`After Larkin left the company, Jensen assigned Boden to report directly to Greg Eames
`
`(“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.
`
`10.
`
`At all times he was employed by Defendant, Boden performed his job duties in a satisfactory
`
`manner.
`
`11.
`
`On or about April 6, 2016, Boden was injured at work when he lost his balance stepping off
`
`a piece of equipment and fell back onto some discarded metal framework salvage.
`
`12.
`
`After Boden was able to get up from the fall, he realized he had torn his shirt and was
`
`bleeding from several scrapes and cuts. He immediately went to the office and reported the
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`injury to his supervisor Eames.
`
`13.
`
`Eames asked if Boden was okay and he said, “I think so.” However, Boden believed that
`
`Eames would make the proper reports of workplace injury as he was required to do.
`
`However, Boden later learned that Eames did not document or report Boden’s injury.
`
`14.
`
`Although the scrapes and cuts from Boden’s injury eventually healed, he began having pain
`
`in his back and right leg. Consequently, on or about May 5, 2016, Boden spoke with Eames
`
`regarding seeing a doctor for his injury.
`
`15.
`
`Eames informed Boden that he would have to use his own medical insurance because Eames
`
`could not do anything to submit Boden’s injury as a worker’s compensation claim. Eames
`
`also informed Boden that he did not want to try to submit the injury to worker’s
`
`compensation because the paperwork was “two feet high.”
`
`16.
`
`After Boden explained to Eames that he would not use his own insurance for treatment for
`
`the injury, Eames said it was out of his hands, and that Boden would have to call Scott
`
`Clelland (“Clelland”) who was the Environmental Health, Safety and Security representative
`
`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.
`
`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
`
`easy, but that Clelland could not do so because Eames never filled out an injury report.
`
`18.
`
`Clelland then instructed Boden on how to complete an accident form online to submit. It
`
`took Boden approximately 20 minutes to fill out the form.
`
`19.
`
`After Boden submitted the accident report and filed his claim, he saw a doctor who referred
`
`him to a spine specialist.
`
`20.
`
`Boden received cortisone injections, and continued to have ongoing problems and medical
`
`treatment associated with the April 6, 2016, injury.
`
`21.
`
`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.
`
`22.
`
`After Boden explained how he was injured, Jensen repeatedly told him that he “knew better”
`
`when Boden told him he believed he was required to report the injury. Jensen again said that
`
`Boden “knew better.”
`
`23.
`
`Jensen then started interrogating Boden about his injury, asking if he was sure that he had
`
`not injured himself earlier and was now turning it in to get coverage from the company.
`
`Boden was shocked by Jensen’s conduct, given that Boden had simply followed company
`
`protocol, and informed Jensen as much.
`
`24.
`
`Boden also informed Jensen that he really did injure himself at work and would gladly allow
`
`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.
`
`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.
`
`26.
`
`27.
`
`Eames is well known for his offensive treatment of employees, including Boden.
`
`Eames apparently also told another custom applicator that “every day I try to fire that son-of-
`
`a-b**ch,” referring to Boden.
`
`28.
`
`In or around May or June 2016, Defendant hired a young man to work as a salesman in the
`
`Idaho Falls North area (“New Salesman”). New Salesman had recently graduated from
`
`college and had little experience.
`
`29.
`
`Boden thought it was odd that they would hire another sales person for the same area covered
`
`by Boden and was still being developed.
`
`30.
`
`Shortly after New Salesman was hired, Boden received a call from the employee of one of
`
`Boden’s established farm accounts. The employee told Boden that New Salesman had
`
`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
`
`did business with Defendant through Boden.
`
`31.
`
`New Salesman stated to the employee that he did not know why Defendant had sent him all
`
`the way to the remote farm or why Defendant had him visit other client accounts already
`
`purchased through Boden. New Salesman also stated to the employee that he did not want
`
`Boden to know New Salesman had gone to the farm.
`
`32.
`
`Eames and Jensen also began increasing their criticisms of Boden and his performance, based
`
`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.
`
`On August 16, 2016, Eames sent Boden an email, on which Jensen was copied, wherein
`
`Eames reprimanded Boden for requesting to write off the interest on a particular account.
`
`However, Boden had informed Eames at least two months prior that the account in question
`
`was undergoing changes to their accounts payable and that there might be a hiccup or two
`
`in processing payments.
`
`34.
`
`Boden explained the situation to Jensen in an email and asked to discuss Eames’ behavior
`
`with Jensen.
`
`35.
`
`Between August and September 2016, Boden began getting pressure from Jensen regarding
`
`his sales performance and gross margins. However, Boden had reached the performance and
`
`gross margin goals he had been given, and, based upon Boden’s knowledge of his own sales,
`
`he was on track to not only meet, but exceed, the given 2016 performance and gross margin
`
`goals he had been given.
`
`36.
`
`Despite this, Jensen refused to share Boden’s numbers with him, but told Boden his gross
`
`margins were not high enough.
`
`37.
`
`In October 2016, Defendant terminated Boden’s employment. Jensen told Boden that Boden
`
`was being fired because his numbers were not meeting Defendant’s requirements. However,
`
`Boden still had three more months to meet his goals, and New Salesman was interfering as
`
`directed by Defendant with Boden’s assigned area and accounts.
`
`38.
`
`Jensen told Boden that an additional three months would not be enough to meet his goals.
`
`When Boden offered to reduce his wages to give himself another year to build sales, Jensen
`
`refused.
`
`39.
`
`On or about November 9, 2016, Boden was helping one of his former customers from when
`
`he was employed by Defendant look at some weed issues he was having along one of his
`
`6 - COMPLAINT AND DEMAND FOR JURY TRIAL
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`

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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
`
`speaker phone. When the customer asked Jensen why he fired Boden, Jensen stated it was
`
`really tough out there, but that he had hired someone younger who could offer more services
`
`to the customer. Jensen reiterated this statement at least three times.
`
`40.
`
`The customer responded to Jensen stating Boden was the best fieldman he had ever had and
`
`asked how the New Salesman, fresh out of college could know all of the chemicals and
`
`fertilizer that the customer needed. The customer stated, “I would rather have someone that
`
`knows something than have someone young.”
`
`41.
`
`42.
`
`Jensen conceded that the New Salesman was new, but that he was raised on a farm.
`
`On or about April 4, 2017, Boden dually filed a Charge of Discrimination with the Idaho
`
`Human Rights Commission (“IHRC”) and the Equal Employment Opportunity Commission
`
`(“EEOC”).
`
`43.
`
`On or about March 13, 2018, Boden received his Notice of Right to Sue Letter from the
`
`IHRC. On or about March 20, 2018, Boden received his Notice of Right to Sue Letter from
`
`the EEOC. Boden has exhausted his administrative remedies.
`
`COUNT ONE
`VIOLATION OF THE AMERICANS WITH
`DISABILITIES ACT AMENDMENTS ACT
`
`44.
`
`Boden realleges and incorporates by reference paragraphs 1 through 43 above, as though
`
`fully incorporated herein.
`
`45.
`
`Boden had a disability as defined by the ADAAA, in that he had an actual disability, a record
`
`of disability, or was regarded as being disabled by Defendant.
`
`46.
`
`Defendant took adverse employment action against Boden when Defendant pretextually
`
`reprimanded Boden and when it terminated Boden’s employment.
`
`7 - COMPLAINT AND DEMAND FOR JURY TRIAL
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`

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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.
`
`48.
`
`Defendant discharged Boden on the basis of his disability.
`
`As a direct and proximate result of Defendant’s actions and/or failures to act, Boden has
`
`suffered and will continue to suffer a loss of earnings and other employment benefits and job
`
`opportunities. Boden is thereby entitled to general and compensatory damages, such amount
`
`to be proven at trial, as well as any other equitable remedies available to him.
`
`49.
`
`Defendant’s conduct was malicious and oppressive, and done with reckless disregard for
`
`Boden’s federally protected rights, for which Boden is entitled to punitive damages.
`
`COUNT TWO
`VIOLATION OF THE AGE DISCRIMINATION
`IN EMPLOYMENT ACT
`
`50.
`
`Boden realleges and incorporates by reference paragraphs 1 through 49 above, as though
`
`51.
`
`52.
`
`53.
`
`54.
`
`55.
`
`56.
`
`fully incorporated herein.
`
`Defendant terminated Boden’s employment.
`
`Boden was over 40 years of age at the time of termination.
`
`Boden was performing his job satisfactorily.
`
`Defendant replaced Boden with someone who was substantially younger and/or treated other
`
`individuals who were significantly younger than Boden more favorably than Boden.
`
`Defendant terminated Boden’s employment because of his age.
`
`As a direct and proximate result of Defendant’s actions and/or failures to act, Boden has
`
`suffered and will continue to suffer a loss of earnings and other employment benefits and job
`
`opportunities. Boden is thereby entitled to damages in such amount to be proven at trial.
`
`57.
`
`Defendant’s conduct was willful, and done with a reckless disregard for Boden’s federally
`
`protected rights, for which Boden is entitled to liquidated damages pursuant to 29 U.S.C.
`
`§ 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
`
`58.
`
`Boden realleges and incorporates by reference paragraphs 1 through 57 above, as though
`
`fully incorporated herein.
`
`59.
`
`Boden engaged in protected activity when he reported work-related injuries and/or a
`
`disability, sought medical treatment for a work-related injury, and pursued a worker’s
`
`compensation claim associated with his work-related injury.
`
`60.
`
`Defendant retaliated against Boden and terminated Boden as result of Boden reporting his
`
`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.
`
`61.
`
`62.
`
`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
`
`opportunities. Boden is thereby entitled to damages, such amount to be proven at trial, as
`
`well as other equitable remedies available to him.
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`ATTORNEY’S FEES
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`63.
`
`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
`
`U.S.C. § 626(b).
`
`9 - COMPLAINT AND DEMAND FOR JURY TRIAL
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`

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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.
`
`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.
`
`Dated this 11th day of June, 2018.
`
`1.
`
`2.
`
`3.
`
`4.
`
` /s/
`DeAnne Casperson
`CASPERSON ULRICH DUSTIN PLLC
`
`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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`

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