Case 6:21-cv-00010-ADA-JCM Document 1 Filed 01/07/21 Page 1 of 6
`
`IN THE UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`TRAVIS A. HAMBY,
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`CIVIL ACTION NO. 6:21-cv-10
`
`JURY DEMANDED
`
`
`
`
`
`
`
`
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`SANDERSON FARMS, INC.
`(Production Division)
`
`Defendant.
`
`
`
`
`
`
`
`
`PLAINTIFF’S ORIGINAL COMPLAINT
`
`Plaintiff Travis Hamby hereby files this, his Original Complaint, against Defendant
`
`Sanderson Farms, Inc. (Production Division) for violating federal law. The causes of action and
`
`summary of claims relating thereto are addressed below:
`
`I.
`
`PARTIES, JURISDICTION AND VENUE
`
`1.
`
`Plaintiff Travis Hamby (“Plaintiff” or “Hamby”) is currently a citizen and resident
`
`of Palestine, Texas.
`
`2.
`
`Defendant Sanderson Farms, Inc. (Production Division) (“Sanderson Farms” or
`
`“Defendant”) is a Mississippi corporation licensed to do business in Texas. Defendant’s main
`
`offices are located at 127 Flynt Road, Laurel, Mississippi 39443.
`
`3.
`
` Defendant Sanderson Farms, Inc. will be served by and through its registered agent
`
`for service, CT Corporation System, 1999 Bryan St #900, Dallas, TX 75201.
`
`4.
`
`This court has jurisdiction to hear the merits of Plaintiff’s claims under 28 U.S.C.
`
`§§1331 & 1343 as Plaintiff is claiming violations of the Family Medical Leave Act 29 U.S.C.
`
`§2601, et seq. Jurisdiction of this Court is further invoked pursuant to the Employee Income
`
`PLAINTIFF’S ORIGINAL COMPLAINT – PAGE 1
`
`

`

`Case 6:21-cv-00010-ADA-JCM Document 1 Filed 01/07/21 Page 2 of 6
`
`Retirement Security Act, 29 U.S.C. §1001 et. seq. [ERISA];
`
`5.
`
`6.
`
`Venue exists in this district and division as detailed in 28 U.S.C. §1391.
`
`Most of the acts alleged herein occurred in Freestone County, Texas.
`
`II.
`
`FACTUAL BACKGROUND
`
`7.
`
`Plaintiff was employed by Defendant as a mechanic in the position of Master Skill
`
`Maintenance II and worked out of the Sanderson Farms feed mill located in Oakwood, Freestone
`
`County, Texas. Plaintiff was hired January 1, 2019 and was terminated on November 23, 2020
`
`while he was out on protected leave under the Family Medical Leave Act (“FMLA”).
`
`8.
`
` Plaintiff suffered an on-the-job injury on October 9, 2020. Plaintiff suffered a torn
`
`meniscus in his right knee. Prior to this injury, Plaintiff has passed his DOT physical in earlier in
`
`2020.
`
`9.
`
`Defendant does not provide worker’s compensation insurance to its employees.
`
`Rather, it covers employee injuries under an employee injury benefit plan governed by ERISA.
`
`10.
`
` As a result of the right knee injury, Plaintiff requested leave under the FMLA for
`
`purposes of having knee surgery on November 17, 2020. Plaintiff submitted documentation
`
`regarding his need for FMLA leave on November 23, 2020 form Azalea Orthopedic in Tyler, Texas.
`
`The medical certification from Dr. Wupperman estimated Plaintiff’s period of incapacity from four
`
`to six weeks in which he should avoid bending, squatting or climbing, which are essential functions
`
`of Plaintiff’s job. The medical certification informed Defendant of Plaintiff’s scheduled partial
`
`medial meniscectomy on December 4, 2020.
`
`11. While still on his protected leave, Plaintiff was terminated on November 23, 2020,
`
`ostensibly for not having disclosed prior treatment to his left knee. Plaintiff contends that the reason
`
`for termination is false and a pretext for retaliation against Plaintiff for requesting and receiving
`
`benefits under the FMLA. Moreover, Defendant failed to return Plaintiff to his position at the close
`
`PLAINTIFF’S ORIGINAL COMPLAINT – PAGE 2
`
`

`

`Case 6:21-cv-00010-ADA-JCM Document 1 Filed 01/07/21 Page 3 of 6
`
`of his FMLA-protected leave.
`
`12.
`
`Prior to Plaintiff’s termination by Defendant, he had worked for Defendant for more
`
`than twelve (12) months, and for more than 1,250 hours during that twelve-month period.
`
`13.
`
`Defendant employed, and continues to employ, fifty or more persons at, or within
`
`a seventy-five (75) mile radius of, the location where Plaintiff worked.
`
`14.
`
`Plaintiff had not taken twelve (12) weeks off work for a serious health condition,
`
`or otherwise, during the twelve-month period prior to (a) the onset of his serious health condition,
`
`or (b) the time of his termination.
`
`15.
`
`Defendant’s employee injury plan is an ‘employee welfare benefit plan’ as defined
`
`in 29 U.S. Code § 1002 and 29 CFR § 2510.3-3. Defendant is engaged in commerce and its
`
`employee injury plan is therefore covered by ERISA. Plaintiff is a participant in an ERISA benefit
`
`plan and has been denied benefits under Defendant’s employee injury plan. See: 29 U.S.C. §1003.
`
`III. CAUSES OF ACTION
`
`A.
`
`FAMILY MEDICAL LEAVE ACT VIOLATION
`
`16.
`
`Plaintiff realleges and incorporates the allegations contained in all preceding
`
`Paragraphs as if fully stated herein.
`
`17.
`
`Plaintiff has satisfied all jurisdictional prerequisites in connection with his claim
`
`under the Family Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601 et. seq.
`
`18.
`
`19.
`
`Defendant is an “employer” as defined by the FMLA in 29 U.S.C. § 2611(4).
`
`During the time that Plaintiff was employed by Defendant, in 2020, he was an
`
`“eligible employee” as defined by the FMLA in 29 U.S.C. § 2611(2).
`
`20. While Plaintiff was employed by Defendant, Plaintiff had an illness that can be
`
`defined as a “serious health condition” under the FMLA as outlined in 29 U.S.C. § 2611(11).
`
`21.
`
`Plaintiff was entitled to medical leave for his own serious health condition as
`
`PLAINTIFF’S ORIGINAL COMPLAINT – PAGE 3
`
`

`

`Case 6:21-cv-00010-ADA-JCM Document 1 Filed 01/07/21 Page 4 of 6
`
`provided for in the FMLA (in 29 U.S.C. § 2612(a)(1)(C)).
`
`22.
`
`Prior to exhausting the twelve (12) weeks of medical leave allowed under the
`
`FMLA (as discussed in 29 U.S.C. § 2612(a)(1)), Defendant terminated Plaintiff’s employment for
`
`taking this medical leave.
`
`23.
`
`Defendant terminated Plaintiff’s employment for the time he was forced to take off
`
`work to care for his serious health condition, which violates the protections of the FMLA as
`
`outlined in 29 U.S.C. § 2615(a).
`
`24.
`
`Defendant did not properly request additional information or a proper certification
`
`from the employee for his FMLA qualifying leave nor did Defendant provide Plaintiff with an
`
`adequate written warning or sufficient time to provide additional documentation, which violates
`
`the protections of the FMLA as outlined in 29 C.F.R. § 825.208(a)(2) and 29 U.S.C. § 2613.
`
`25.
`
`As a result of Defendant’s violations of the FMLA, Plaintiff has suffered actual
`
`damages in the form of lost wages and benefits (past and future), in an amount that has not yet
`
`been fully established, but which will be provided at time of trial.
`
`26.
`
`As a result of this willful violation of the FMLA, Plaintiff requests that he be
`
`awarded all damages, to which he is entitled, as outlined in 29 U.S.C. § 2617, including, but not
`
`limited to, lost wages, salary, employee benefits, and any other compensation denied or lost as a
`
`result of the violation, plus interest. In addition, Plaintiff requests liquidated damages equal to the
`
`amount of reimbursable compensation described above. Plaintiff also requests any additional
`
`equitable relief to which he is entitled.
`
`27.
`
`Plaintiff also requests reasonable attorney’s fees and court costs.
`
`B.
`
`ERISA CLAIM
`
`28.
`
`29.
`
`Plaintiff incorporates all prior paragraphs of this complaint herein.
`
`Defendant maintains employee health and welfare benefit plan as such plans are
`
`PLAINTIFF’S ORIGINAL COMPLAINT – PAGE 4
`
`

`

`Case 6:21-cv-00010-ADA-JCM Document 1 Filed 01/07/21 Page 5 of 6
`
`defined in 29 U.S.C. §1002(1) and (3). ERISA Section 510 (29 U.S. Code § 1140) prohibits
`
`interference with benefits and retaliation for a participant’s exercise of rights under ERISA and/or
`
`an ERISA plan.
`
`30.
`
`Plaintiff alleges that Defendant engaged in a continuing course of conduct to
`
`prevent Plaintiff from accrual or receipt of benefits for himself under Defendant's health benefit
`
`plan under ERISA in violation of 29 U.S.C. 1140 (§510), by discriminating against him in the
`
`terms, conditions, and privileges of his employment and by discharging him on or about November
`
`23, 2020.
`
`31.
`
`Plaintiff institutes this suit for relief seeking to enforce his ERISA rights pursuant
`
`to ERISA §502(a)(1)(B).
`
`32.
`
`Plaintiff requests recovery of his attorney’s fees and costs. See 29 U.S.C. §
`
`1132(g)(1).
`
`IV.
`
`JURY DEMAND
`
`33.
`
`Plaintiff requests trial by jury on all claims for which a jury trial is available.
`
`V.
`
`PRAYER FOR RELIEF
`
`
`
`Wherefore, Plaintiff requests that Defendant be cited to appear and answer, and that on
`
`final trial, Plaintiff have judgment against Defendant as follows:
`
`Judgment against Defendant for Plaintiff’s actual damages, including lost wages
`and benefits (both back pay and front pay), amount to be determined;
`
`Judgment against Defendant for liquidated damages for the maximum amount
`allowed by law, including doubling of all back pay awarded;
`
`An order that Defendant take such other and further actions as may be necessary to
`redress Defendants’ violation of the FMLA;
`
`Pre-judgment and post-judgment interest at the maximum amount allowed by law;
`
`Costs of suit, including attorney’s fees;
`
`a.
`
`
`b.
`
`
`c.
`
`
`d.
`
`e.
`
`
`PLAINTIFF’S ORIGINAL COMPLAINT – PAGE 5
`
`

`

`Case 6:21-cv-00010-ADA-JCM Document 1 Filed 01/07/21 Page 6 of 6
`
`f.
`
`
`
`
`
`
`
`
`
`The award of such other and further relief, both at law and in equity, including
`injunctive relief and reinstatement, to which Plaintiff may be justly entitled.
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/s/ William S. Hommel, Jr.
`William S. Hommel, Jr.
`State Bar No. 09934250
`Hommel Law Firm
`5620 Old Bullard Road, Suite 115
`Tyler, Texas 75703
`903-596-7100 Telephone and Facsimile
`
`ATTORNEY FOR PLAINTIFF
`
`PLAINTIFF’S ORIGINAL COMPLAINT – PAGE 6
`
`