Case 3:20-cv-02204-JR Document 1-1 Filed 12/18/20 Page 1 of 9
`Case 3:20-cv-02204-JR Document 1-1
`Filed 12/18/20 Page 1 of 9
`
`EXHIBIT A
`
`EXHIBIT A
`
`
`Case 3:20-cv-02204-JR Document 1-1
`Filed 12/18/20 Page 1 of 9
`
`EXHIBIT A
`
`EXHIBIT A
`
`
`
`Case 3:20-cv-02204-JR Document 1-1 Filed 12/18/20 Page 2 of 9
`11/2/2020 4:22 PM
`20CV38579
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`ERIC A. JOHNSON,
`
`Plaintiff,
`
` v.
`
`FOSTER FARMS, LLC, a California
`limited liability company,
`
`
`IN THE CIRCUIT COURT OF THE STATE OF OREGON
`
`FOR THE COUNTY OF CLACKAMAS
`
`
`
`Case No.
`
`COMPLAINT
`(Disability Discrimination; Workers’
`Compensation Discrimination, OSHA
`Reporting Unsafe Work Conditions; FMLA
`Retaliation; Statutory Whistleblowing; BOLI
`Retaliation; Wrongful Discharge; Disability-
`Failure to Accommodate)
`
`CLAIMS NOT SUBJECT TO
`MANDATORY ARBITRATION
`
`Prayer Amount: $500,000
`Filing Fee State: ORS § 21.160(c)
`
`Defendant.
`
`Plaintiff alleges:
`
`FIRST CLAIM FOR RELIEF
`(Disability Discrimination - ORS Chapter 659A.112, et seq.)
`1.
`Plaintiff is a resident and citizen of the State of Oregon.
`2.
`Defendant Foster Farms, LLC is a California limited liability company doing business
`in Oregon. At all material times Defendant acted through agents and employees who at all
`material times acted within the course and scope of their agency and employment for
`Defendant.
`
`
` - COMPLAINT
`
`Busse & Hunt, LLC
`1025 American Bank Building
`621 SW Morrison street
`Portland, OR 97205
`Telephone (503) 248-0504
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`
` 1
`
`
`
`
`
`
`
`Page
`
`
`
`Case 3:20-cv-02204-JR Document 1-1 Filed 12/18/20 Page 3 of 9
`
`
`
`3.
`Defendant employed Plaintiff from on or about July 23, 2018 until August 25, 2020
`when Defendant terminated Plaintiff’s employment.
`4.
`Prior to his termination, on or about May 3, 2020, Plaintiff had a heart attack, that he
`and his doctors attributed, in part, due to exposure to peroxide vapors at work initially on
`about April 28, 2020. Plaintiff’s heart attack caused him to be hospitalized for three days and
`to be off work. Plaintiff returned to work on or about July 10, 2020.
`5.
`Prior to his termination, on multiple occasions Plaintiff informed Defendant that he
`believed that his heart attack was caused by the peroxide fumes he was exposed to at work.
`6.
`Plaintiff’s heart attack was a disability that substantially limited him in one or more
`major life activities and/or in a major bodily function the pulmonary system.
`7.
`Defendant discriminated against Plaintiff in one or more of the following ways on
`account of his disability, record of disability and/or perceived disability;
`it failed to engage in the interactive process with Plaintiff to attempt to
`a.
`identify a reasonable accommodation;
`it failed to reasonably accommodate his disability; and/or
`it terminated Plaintiff in substantial part because of his disability, perceived
`disability, and/or record of disability, and/or because he requested
`accommodation.
`
`b.
`c.
`
`8.
`As a result of said acts, Plaintiff has suffered and will suffer economic damage in an
`amount to be proven at trial, which amount is alleged to be up to $100,000.
`
`
` - COMPLAINT
`
`Busse & Hunt, LLC
`1025 American Bank Building
`621 SW Morrison street
`Portland, OR 97205
`Telephone (503) 248-0504
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`
` 2
`
`
`
`
`
`
`
`Page
`
`
`
`Case 3:20-cv-02204-JR Document 1-1 Filed 12/18/20 Page 4 of 9
`
`
`
`9.
`As a further result of said acts Plaintiff has suffered and will suffer emotional distress
`in a sum to be proven at trial, which sum is alleged to be up to $400,000.
`10.
`Defendant acted with malice and/or demonstrated a reckless and outrageous
`indifference to a highly unreasonable risk of harm and acted with a conscious indifference to
`the health, safety and welfare of Plaintiff, and Plaintiff reserves the right to alleged punitive
`damages pursuant to ORS 31.725 and 31.730.
`11.
`Pursuant to ORS 20.107 and ORS 659A.885, Plaintiff is also entitled to an award of
`reasonable attorneys’ fees, expert witness fees, costs and disbursements.
`SECOND CLAIM FOR RELIEF
`(Workers’ Compensation Discrimination – ORS 659A.040, et seq.)
`12.
`Plaintiff realleges paragraphs 1 through 11.
`13.
`Prior to Plaintiff’s termination, and on or about May 3, 2020, Plaintiff suffered a heart
`attack and recognized or realized a prior on-the-job injury to his lungs and/or heart due to
`exposure to peroxide fumes, which he reported to Defendant, and requested the paperwork to
`file a workers’ compensation claim. Defendant denied Plaintiff’s request for the paperwork
`to file a workers’ compensation claim.
`
`14.
`After being told of Plaintiff’s request to make a workers’ compensation claim on or
`about May 6, 2020, Defendant subjected Plaintiff to injured worker discrimination by
`creating a hostile work environment after he returned to work and/or by terminating him in
`substantial part because he was an injured worker and/or had invoked the procedures of the
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`
`Busse & Hunt, LLC
`1025 American Bank Building
`621 SW Morrison street
`Portland, OR 97205
`Telephone (503) 248-0504
`
`
` 3
`
`
`
`
`
`
`
`Page
`
` - COMPLAINT
`
`
`
`Case 3:20-cv-02204-JR Document 1-1 Filed 12/18/20 Page 5 of 9
`
`
`
`workers’ compensation laws.
`
`15.
`The hostile work environment, to which Plaintiff was subjected included but was not
`limited to: being over scrutinized and/or micro-managed; being subjected to disparate
`discipline regarding start times, breaks and lunches; being talked down to and/or ostracized;
`and/or being treated in a manner to compel him to quit.
`THIRD CLAIM FOR RELIEF
`(OSHA Discrimination – ORS 659.062)
`16.
`Plaintiff realleges paragraphs 1 through 11.
`17.
`Prior to Plaintiff’s termination, Plaintiff voiced his concerns about what he believed
`in good faith were unsafe working conditions, including, but not limited to, being exposed to
`peroxide vapor or fumes, which caused breathing irritation and breathing difficulties and/or
`was hurtful and/or harmful to his eyes.
`
`18.
`On or about July 28, 2020, while following his lead’s instructions, Plaintiff took
`pictures on his phone of the amount of peroxide he was exposed to at work. Plaintiff
`provided the picture to his manager, while informing the manager of his health and/or safety
`concerns.
`
`19.
`Plaintiff was terminated in substantial part for opposing what he believed in good
`faith were unsafe working conditions.
`///
`///
`///
`
`
` - COMPLAINT
`
`Busse & Hunt, LLC
`1025 American Bank Building
`621 SW Morrison street
`Portland, OR 97205
`Telephone (503) 248-0504
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`
` 4
`
`
`
`
`
`
`
`Page
`
`
`
`Case 3:20-cv-02204-JR Document 1-1 Filed 12/18/20 Page 6 of 9
`
`
`
`FOURTH CLAIM FOR RELIEF
`(OFLA Discrimination – ORS 659A.150, et seq.)
`20.
`Plaintiff realleges paragraphs 1 through 7, 11, 13, 14 and 15.
`21.
`At all material times, Defendant was a “covered employer” under the Oregon Family
`Leave Act (“OFLA”).
`
`22.
`At all material times, Plaintiff was an “eligible employee” under OFLA.
`23.
`Prior to Plaintiff’s termination from employment, Plaintiff suffered a heart attack and
`was off work due to that heart attack from May 3, 2020 until July 10, 2020.
`24.
`Plaintiff requested and took OFLA protected leave from approximately May 3, 2020
`through July 10, 2020 in order to recover from his heart attack. Plaintiff also requested
`August 21 and 22, 2020, off for medical leave for surgery. Defendant denied Plaintiff’s
`request for medical leave in August by terminating his employment via a letter dated
`August 21, 2020.
`
`25.
`After Plaintiff returned from protected leave in July, on or about July 31, 2020,
`Defendant placed Plaintiff on involuntary unpaid administrative leave, which continued until
`August 4, 2020.
`
`26.
`Defendant subjected Plaintiff to unlawful discrimination and/or retaliation in one or
`more of the following particulars:
`Interfering with Plaintiff taking OFLA leave by not processing Plaintiff’s July
`a.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`
`Busse & Hunt, LLC
`1025 American Bank Building
`621 SW Morrison street
`Portland, OR 97205
`Telephone (503) 248-0504
`
`
` 5
`
`
`
`
`
`
`
`Page
`
` - COMPLAINT
`
`
`
`Case 3:20-cv-02204-JR Document 1-1 Filed 12/18/20 Page 7 of 9
`
`
`
`c.
`
`b.
`
`medical leave as OFLA protected leave and/or effectively denying Plaintiff’s
`request for medical leave in August;
`Defendant subjected Plaintiff to one or more adverse employment actions, in
`substantial part, for requesting and/or taking family medical leave, including,
`but not limited to suspending his employment and/or placing him on
`involuntary administrative leave; and/or
`Defendant terminated Plaintiff’s employment, in substantial part, for
`requesting and/or taking family medical leave.
`27.
`As a result of said acts, Plaintiff has suffered and will suffer economic damage in an
`amount to be proven at trial, including but not limited to damages for loss of employment,
`lost wages, loss of increased pay, loss of future income, loss of paid time off, loss of or
`reduction in retirement benefits and/or loss of fringe benefits, which amount is alleged to be
`up to $100,000.
`
`FIFTH CLAIM FOR RELIEF
`(Personal Leave Discrimination – ORS 653.641)
`28.
`Plaintiff realleges paragraphs 1 through 7, 11, 23, 24 and 27.
`29.
`Prior to Plaintiff’s termination from employment, he requested and took leave that
`was protected under the Oregon Sick Time Law (“OSTL”).
`30.
`Defendant subjected Plaintiff to unlawful discrimination, in substantial part, because
`he engaged in the protected activities alleged in paragraphs 23 and 24 herein, including but
`not limited to:
`a.
`
`suspending his employment and/or placing him on involuntary administrative
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`
`Busse & Hunt, LLC
`1025 American Bank Building
`621 SW Morrison street
`Portland, OR 97205
`Telephone (503) 248-0504
`
`
` 6
`
`
`
`
`
`
`
`Page
`
` - COMPLAINT
`
`
`
`Case 3:20-cv-02204-JR Document 1-1 Filed 12/18/20 Page 8 of 9
`
`
`
`b.
`
`leave; and/or
`terminating his employment;
`SIXTH CLAIM FOR RELIEF
`(Statutory Whistleblowing – ORS 659A.199)
`31.
`Plaintiff realleges paragraphs 1 through 25, 29 and 30.
`32.
`Plaintiff was terminated in substantial part for (a) reporting what he believed in good
`faith to be evidence of a violation of an OSHA safety law, rule or regulation, as alleged in
`paragraphs 4, 5, 17 and/or 18; and/or (b) for filing a Bureau of Labor and Industries
`complaint.
`
`SEVENTH CLAIM FOR RELIEF
`(Wrongful Discharge)
`33.
`Plaintiff realleges paragraphs 1 through 4, 8, 9, 10, 17, 18, 21, 22, 23, 24, 25, 29, and
`
`32.
`
`34.
`Plaintiff was discharged from employment for exercising his important employment
`related right in one or more of the following particulars:
`requesting and/or taking OFLA leave;
`a.
`b.
`requesting and/or taking leave protected by OSTL;
`c.
`reporting or opposing unsafe work conditions.
`EIGTH CLAIM FOR RELIEF
`(Disability Discrimination – Failure to Accommodate – ORS 659A.112, et seq.)
`35.
`Plaintiff realleges paragraphs 1 through 11.
`
`
` - COMPLAINT
`
`Busse & Hunt, LLC
`1025 American Bank Building
`621 SW Morrison street
`Portland, OR 97205
`Telephone (503) 248-0504
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`
` 7
`
`
`
`
`
`
`
`Page
`
`
`
`Case 3:20-cv-02204-JR Document 1-1 Filed 12/18/20 Page 9 of 9
`
`
`
`36.
`Prior to being hired Plaintiff was diagnosed with Type II Diabetes, which requires the
`use of medications. Upon hiring, Plaintiff revealed to Defendant his diabetes and likely need
`for accommodation.
`
`37.
`Diabetes substantially limits the major bodily function of digestion and/or the
`cardiovascular, nervous and/or urinary system.
`38.
`Defendant was aware Plaintiff may need more frequent and/or longer bathroom
`breaks due to his diabetes.
`
`39.
`On August 25, 2020, Plaintiff was terminated supposedly for taking too long a
`bathroom break during the previous week. The bathroom break in question was necessitated
`by a side effect of a new medicine regime for Plaintiff’s diabetes.
`40.
`Defendant terminated Plaintiff in lieu of accommodating his diabetes.
`WHEREFORE, Plaintiff prays for judgment as alleged in the claims stated above,
`together with any pre-judgment and post-judgment interest accumulated on such sum.
`DATED this 2nd day of November, 2020.
`
`
`
`
`BUSSE & HUNT, LLC
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` s/ Scott N. Hunt
`SCOTT N. HUNT, OSB #923433
`shunt@busseandhunt.com
`Telephone: (503) 248-0504
`Of Attorneys for Plaintiff Eric A. Johnson
`
`
`
`
`
`
`
`
`
`
`
`TRIAL ATTORNEY:
`SCOTT N. HUNT, OSB #923433
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`
`Busse & Hunt, LLC
`1025 American Bank Building
`621 SW Morrison street
`Portland, OR 97205
`Telephone (503) 248-0504
`
`
` 8
`
`
`
`
`
`
`
`Page
`
` - COMPLAINT
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
