Amended complaint - TCHRA - age discrimination

UNITED STATES DISTRICT COURT

_______________ DISTRICT OF TEXAS

_______________ DIVISION

Plaintiffs §

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v. § CIVIL ACTION _______________

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Defendant §

PLAINTIFFS’ FIRST AMENDED COMPLAINT AND JURY DEMAND

Come now plaintiffs complaining of defendants and for cause of action would show the Court and jury as follows:

Nature of Case

Plaintiffs bring this action under the Texas Commission on Human Rights Act, as amended (“TCHRA”), Tex. Lab. Code Ann. § 21.001 et seq., seeking redress for defendants’ unlawful employment practices based on age. All claims forming the basis of this suit arise under Texas law.

Parties

2. Plaintiff is an individual who resides in _______________, Texas. At all relevant times defendants employed plaintiff in their facility in _______________, Texas and at all relevant times plaintiff was an “employee” within the meaning of the TCHRA.

3. Plaintiff is an individual who resides in _______________, Texas. At all relevant times defendants employed plaintiff in their facility in _______________ Texas and at all relevant times plaintiff was an “employee” within the meaning of the TCHRA.

4. Plaintiff is an individual who resides in _______________, Texas. At all relevant times defendants employed plaintiff in their facility in _______________, Texas and at all relevant times plaintiff was an “employee” within the meaning of the TCHRA.

5. Defendant is a corporation organized and existing under the laws of the State of ___________ and is authorized to do business in the State of Texas.

6. Defendant is a corporation organized and existing under the law of the State of ___________ and is authorized to do business in the State of Texas. _______________ is a wholly owned subsidiary of _______________.

7. Defendant _______________ is a _______________ doing business in Texas under the assumed name of _______________. Defendant’s general partner is _______________.

8. There exists between defendants such an interrelationship of operations, common management, centralized control of employee relations and financial operations that the three entities constitute a single enterprise and was the joint employer of plaintiffs. The single enterprise is, and joint employer was, engaged in an industry affecting _______________ that had more than ____ employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year. Therefore, defendants constitute an “employer” within the meaning of the TCHRA.

9. Defendant is referred to herein as “_______________.” Defendants are referred to herein jointly as “_______________.” All defendants are referred to collectively as “defendants.”

   Jurisdiction

10. In this action each plaintiff seeks injunctive relief, back pay, front pay and other equitable relief, compensatory and exemplary damages, prejudgment interest, attorney fees and costs for defendants’ unlawful employment practices under the TCHRA. Each plaintiff’s claims exceed $_______________.

11. On _______________, plaintiff dually filed a charge alleging age discrimination in employment against defendant (Charge No. _______________) with the U.S. Equal Employment Opportunity Commission (“EEOC”) and the Texas Commission on Human Rights (“TCHR”) within ____ days of the adverse action forming the basis of his/her complaint. By operation of law, plaintiff’s charge was also effective against defendants _______________ and _______________. More than ____ days has elapsed since plaintiff filed his/her charge and the EEOC has not commenced an action to enforce his/her rights. On _______________, the TCHR issued plaintiff a notice of his/her right to file suit to enforce his/her rights under the Texas statute against the defendants. See Exhibit __ to Plaintiffs’ Original Petition and Jury Demand.

12. On _______________, plaintiff dually filed a charge alleging age discrimination in employment against defendant (Charge No. _______________) with the EEOC and the TCHR within ___ days of the adverse action forming the basis of his/her complaint. By operation of law, plaintiff’s charge was also effective against defendants _______________ and _______________. More than __ days has elapsed since plaintiff filed his/her charge and the EEOC has not commenced an action to enforce his rights. On _______________, the TCHR issued plaintiff a notice of his/her right to file suit to enforce his/her rights under the Texas statute against the defendants. See Exhibit __ to Plaintiffs’ Original Petition and Jury Demand.

13. On _______________, plaintiff dually filed a charge alleging age discrimination in employment against defendant (Charge No. _______________) with the EEOC and the TCHR within ___ days of the adverse action forming the basis of his/her complaint. By operation of law, plaintiff’s charge was also effective against defendants _______________ and _______________. More than __ days has elapsed since plaintiff filed his/her charge and the EEOC has not commenced an action to enforce his/her rights. On ______________, the TCHR issued Penny a notice of his right to file suit to enforce his rights under the Texas statute against the defendants. See Exhibit __ to Plaintiffs’ Original Petition and Jury Demand.

14. Each plaintiff has complied with all jurisdictional prerequisites for this suit under the TCHRA.

    Venue

15. Venue is proper in this district since all defendants are doing business in _______________, Texas and since the plaintiffs’ claims arose in this district.

    Material Facts

16. Defendants are doing business in _______________, Texas and are engaged in the _______________ business. Defendants provide _______________ services to their customers.

17. _______________ was formerly known as _______________. Defendant acquired EBS in _______________ and re-named the entity _______________.

18. In _______________, defendant acquired _______________, a _______________ company based in _______________. At that time, _______________ was...