THOMAS MORE HOLLAND COUNSEL FOR PLAINTIFF

IDENTIFICATION NO. 43517

GRACE HALL - 1522 Locust St.

Philadelphia, PA 19102

(215) 592-8080

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Ashley McClain §

3306 Ashfield Lane §

Philadelphia, PA 19114 § 

 Plaintiff §

 § CIVIL ACTION

 v. § NO.

McDonalds Corporation §

c/o Prentice Hall Corporation System Inc;§

2704 Commerce Drive §

Harrisburg, PA 17110 §

Douglas Tasker §

c/o McDonalds Corporation §

c/o Prentice Hall Corporation System Inc;§

2704 Commerce Drive §

Harrisburg, PA 17110 §

Lisa Labyack §

c/o McDonalds Corporation §

c/o Prentice Hall Corporation System Inc;§

2704 Commerce Drive §

Harrisburg, PA 17110 §

Brian Turner §

c/o McDonalds Corporation §

c/o Prentice Hall Corporation System Inc;§

2704 Commerce Drive §

Harrisburg, PA 17110 §

Pamela Weaver §

c/o McDonalds Corporation §

c/o Prentice Hall Corporation System Inc;§

2704 Commerce Drive §

Harrisburg, PA 17110 §

and §

Mark Marino §

c/o McDonalds Corporation §

c/o Prentice Hall Corporation System Inc;§

2704 Commerce Drive §

Harrisburg, PA 17110 §

Case 2:05-cv-01117-WY Document 1 Filed 03/09/05 Page 1 of 12
NOTICE TO PLEAD

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Case 2:05-cv-01117-WY Document 1 Filed 03/09/05 Page 2 of 12
THOMAS MORE HOLLAND COUNSEL FOR PLAINTIFF

IDENTIFICATION NO. 43517

GRACE HALL - 1522 Locust St.

Philadelphia, PA 19102

(215) 592-8080

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Ashley McClain §

3306 Ashfield Lane §

Philadelphia, PA 19114 § 

 Plaintiff §

 § CIVIL ACTION

 v. § NO.

McDonalds Corporation §

c/o Prentice Hall Corporation System Inc;§

2704 Commerce Drive §

Harrisburg, PA 17110 §

Douglas Tasker §

c/o McDonalds Corporation §

c/o Prentice Hall Corporation System Inc;§

2704 Commerce Drive §

Harrisburg, PA 17110 §

Lisa Labyack §

c/o McDonalds Corporation §

c/o Prentice Hall Corporation System Inc;§

2704 Commerce Drive §

Harrisburg, PA 17110 §

Brian Turner §

c/o McDonalds Corporation §

c/o Prentice Hall Corporation System Inc;§

2704 Commerce Drive §

Harrisburg, PA 17110 §

Pamela Weaver §

c/o McDonalds Corporation §

c/o Prentice Hall Corporation System Inc;§

2704 Commerce Drive §

Harrisburg, PA 17110 §

and §

Mark Marino §

c/o McDonalds Corporation §

c/o Prentice Hall Corporation System Inc;§

2704 Commerce Drive §

Harrisburg, PA 17110 §

Case 2:05-cv-01117-WY Document 1 Filed 03/09/05 Page 3 of 12
COMPLAINT

PARTIES

1. Plaintiff, Ashley McClain, is an adult individual who resides at 3306 Ashfield Lane,

Philadelphia, PA, County of Philadelphia and Commonwealth of Pennsylvania. Plaintiff was an

employee of the Defendant and served Defendant at its place of business located at 1240 Bristol

Pike, Bensalem, Pennsylvania, in the capacity of a First Assistant Store Manager and brings this

action to recover damages and equitable relief under §107(a)(2) of the Family and Medical Leave

Act of 1993, 29 U.S.C. §2601 et. seq., hereinafter referred to as the "FMLA".

2. Defendant, McDonalds Corporation, is a corporation maintaining an office and

conducting business in the Commonwealth of Pennsylvania and did business at 1240 Bristol Pike,

Bensalem, Pennsylvania.

3. Defendant Douglas Tasker, was at all times material hereto an agent, servant and

employee of Defendant, McDonalds, and was at all times the store manager at the location where

Plaintiff worked in Bensalem, PA.

4. Defendant Lisa Labyack, was at all times material hereto an agent, servant and

employee of Defendant, McDonalds Corporation, and was at all times Plaintiff’ s Supervisor.

5. Defendant Brian Turner was at all times material hereto an agent, servant and

employee of Defendant McDonalds Corporation, and was at all times a shift manager.

6. Defendant Pamela Weaver was at all times material hereto an agent, servant and

employee of Defendant McDonalds Corporation, and was at all times a Plaintiff’ s Supervisor’ s

Supervisor.

7. Defendant Mark Marino was at all times hereto an agent, servant and employee of

Case 2:05-cv-01117-WY Document 1 Filed 03/09/05 Page 4 of 12
Defendant McDonalds Corporation and was at all times Director of Human Resources.

8. Defendant McDonalds Corporation is an entity engaged in an industry or activity

affecting commerce which employs 50 or more employees at its office.

JURISDICTION AND VENUE

9. Jurisdiction is conferred upon this Honorable Court by 28 U.S.C. §1337 relating

to "any civil action or proceeding arising out of any act of Congress regulating commerce", and

under §107(a)(2) of the FMLA.

10. Venue is appropriately laid in the United States District Court for the Eastern

District of Pennsylvania inasmuch as both parties regularly conduct business within the District

and the acts complained of by Plaintiff arose herein.

COUNT I

FAMILY AND MEDICAL LEAVE ACT

29 U.S.C. §2601 et. seq.

11. Plaintiff incorporates by reference each allegation contained within the preceding

paragraphs as though set forth more fully at length herein.

12. Beginning in or around May 1999, Plaintiff commenced employment with a

franchise of McDonalds. In April 2002, Defendant, McDonalds Corporation took over the

McDonalds where Plaintiff was working. Most recently, Plaintiff was employed as First Assistant

Store Manager.

13. It is believed and averred that twelve months prior to November 15, 2004, Plaintiff

had been employed for at least 1,250 hours with Defendant Corporation.

14. Prior to the need arising to take leave to care for her father as a result of his serious

medical condition, Plaintiff worked approximately 50 hours per week.

Case 2:05-cv-01117-WY Document 1 Filed 03/09/05 Page 5 of 12
15. In or about July 2004, Plaintiff’ s father was diagnosed with terminal lung cancer.

16. Plaintiff promptly notified her supervisor, Defendant Lisa Labyack that her father

had been diagnosed with terminal lung cancer and requested time off.

17. Plaintiff was out for thirteen days returning to work on or about July 28, 2004.

18. Plaintiff informed the store manager on October 18, 2004, that she would need to

take a further leave of absence to care for her father.

19. On or about October 29, 2004, Plaintiff informed Defendant Douglas Tasker that

her father was very sick as a result of the lung cancer, and that she needed to take a leave of

absence because her father was going into the hospital.

20. On or about November 9, 2004, Plaintiff was put on administrative leave without

pay for taking leave to care for Plaintiff’ s ailing father.

21. On or about November 15, 2004, Plaintiff was terminated by Defendants Douglas

Tasker and Lisa Labyack

22. Defendants have acted in bad faith by terminating Plaintiff in violation of the

FMLA. Defendants knowingly, intentionally, willfully and/or recklessly acted in disregard of the

duty owed to Plaintiff under the FMLA despite being aware of Plaintiff’ s need for qualified

FMLA leave to take care of her father as a result of his serious medical condition.

23. Plaintiff's termination violates 29 C.F.R. §825.220(a)(1) et.seq. of the Family and

Medical Leave Act in that the employer cannot terminate an employee for exercising her rights

under the FMLA.

24. At all times material hereto, Defendants Douglas Tasker, Lisa Labyack, Brian

Turner, Pamela Weaver, and Mark Marino were acting individually and on behalf of Defendant

employer, McDonalds Corporation, in their managerial capacity.

Case 2:05-cv-01117-WY Document 1 Filed 03/09/05 Page 6 of 12
25. As a direct and proximate result of Defendants' wrongful termination, Plaintiff has

been deprived of economic and non-economic benefits including, but not limited to lost wages,

pain and suffering, mental anguish, humiliation, loss of fringe benefits, painful embarrassment

among her friends and workers, disruption of her personal life and loss of enjoyment of the

ordinary pleasures of life. 

26. Plaintiff demands judgment in her favor against Defendants for all available

equitable relief including, but not limited to: reinstatement to her position, full restoration of all

leave benefits, to which she was entitled, and any additional unpaid leave up to the maximum

permitted by the FMLA and all wages, salary, employment benefits or other compensation denied

or lost.

27. Plaintiff further demands judgment in her favor against Defendants for all interest

on the monetary benefits calculated at the prevailing rate, an additional amount equal to those

sums, as liquidated damages under §107(a), fees and costs including the allowance of reasonable

attorneys’ fees, expert witness fees and other costs of the action against Defendants and such

other orders and further relief as may be necessary and appropriate to effectuate the objectives of

the Family and Medical Leave Act of 1993.

 WHEREFORE, Plaintiff demands reinstatement of her employment, compensatory and

liquidated damages in addition to counsel fees and costs.

COUNT II

FAIR LABOR STANDARDS ACT and

MINIMUM WAGE ACT of 1968

PLAINTIFF v. MCDONALDS CORPORATION

28. Plaintiff incorporates the preceding paragraphs as though set forth more fully at

length herein.

29. Plaintiff commenced employment with the McDonalds Corporation in or about

Case 2:05-cv-01117-WY Document 1 Filed 03/09/05 Page 7 of 12
November 1998.

30. Plaintiff was transferred to the Bensalem, Pennsylvania McDonalds in or around

May 2003, and had worked at the Bensalem store for approximately 16 months prior to her

termination on November 15, 2004.

31. Plaintiff held the position of First Assistant Store Manager.

32. As First Assistant Store Manager, Plaintiff worked in excess of 50 hours per

week.

33. Plaintiff spent more than 40% of her time engaged in non-executive

administrative activities.

34. Plaintiff was paid at her regular rate for all of the hours she worked.

35. Defendant McDonalds corporation has unlawfully violated the Fair Labor

Standards Act.

36. Under the FLSA, Plaintiff is entitled to time and a half for each hour she works

over 40 in a given week.

37. Defendant violated the FLSA by failing to compensate Plaintiff time and a half

for each hour over 40 she worked in a week.

38. As a direct and proximate result of Defendant’ s unlawful employment practices

and disregard for Plaintiff’ s rights, Plaintiff has suffered financial losses.

39. At all times material hereto, Defendant knowingly violated the applicable law

and Plaintiff’ s rights.

WHEREFORE, Plaintiff Ashley McClain respectfully requests that this Court:

a. Award Plaintiff costs of litigation, including reasonable attorney fees and expert

witness fees;

Case 2:05-cv-01117-WY Document 1 Filed 03/09/05 Page 8 of 12
b. Grant judgment against Defendant and award Plaintiff the compensatory

damages to which Plaintiff is found to be entitled plus interest;

c. Grant judgment against Defendant in whatever amount above together with

punitive damages to which Plaintiff is found to be entitled; and

d. Grant any other additional relief that is appropriate and just.

COUNT III

FALSE IMPRISONMENT

PLAINTIFF v. DEFENDANTS LISA LABYACK, DOUGLAS TASKER, and

MCDONALDS CORPORATION

40. Plaintiff incorporates each of the allegations of the preceding paragraphs as

though set forth more fully at length herein.

41. On November 15, 2004, as requested by Defendants, Plaintiff met with Douglas

Tasker and Lisa Labyack at a sister store to the store where Plaintiff worked.

42. During the meeting, Defendants Labyack and Tasker attempted to coerce

Plaintiff into voluntarily resigning for taking a leave of absence.

43. Plaintiff attempted to leave the office in order to show her father the paperwork,

but Defendants blocked the door and would not let Plaintiff out of the office. Plaintiff believes

and avers there was no other reasonable means of escape from the office.

44. Defendants blocked the door with the intention of disallowing Plaintiff from

leaving the office.

45. Defendants Tasker and Labyack acted individually as well as within their

capacity as employees, servants, or agents of McDonalds in prohibiting Plaintiff from leaving

the office.

46. Defendants acted with malice in blocking the door to the office and preventing

Case 2:05-cv-01117-WY Document 1 Filed 03/09/05 Page 9 of 12
Plaintiff from leaving and in doing so deprived Plaintiff of her freedom to leave the room.

Defendants actions were not privileged.

47. As a direct and proximate cause of the actions of Defendants, Plaintiff suffered

mental anguish, humiliation, and embarrassment among her friends and co-workers.

WHEREFORE, Plaintiff demands judgment in her favor and against Defendants and

respectfully requests that this court impose compensatory and punitive damages, in addition to

any relief this Court deems appropriate.

COUNT IV

ASSAULT

PLAINTIFF v. LISA LABYACK and DOUGLAS TASKER and MCDONALDS

CORPORATION

48. Plaintiff incorporates each of the allegations of the preceding paragraphs as

though set forth more fully at length herein.

49. On November 15, 2004, Plaintiff attended a meeting held by Defendants

Douglas Tasker and Lisa Labyack.

50. During the course of the meeting, Defendants attempted to get Plaintiff to

voluntarily resign and threatened that if she did not, she would be fired.

51. When Plaintiff attempted to leave, Defendants blocked the doorway trapping

Plaintiff in the office.

52. Plaintiff had a reasonable apprehension of immediate harm due the threatening

and offensive conduct on the part of Defendants Douglas Tasker and/or Lisa Labyack.

53. Defendants acted maliciously with the intention of creating apprehension in

Plaintiff of immediate harm or offensive contact. Defendants’ conduct was not privileged.

54. Plaintiff’ s apprehension was caused by Defendants’ threats and the blocking of

her means for leaving the office.

Case 2:05-cv-01117-WY Document 1 Filed 03/09/05 Page 10 of 12
55. Defendants Douglas Tasker and Lisa Labyack acted individually as well as

within their capacity as employees, servants, or agents of McDonalds as well as Plaintiff’ s

supervisors in causing Plaintiff’ s apprehension by threatening Plaintiff and blocking her

means of escape from the room.

56. As a direct and proximate cause of the actions of Defendants, Plaintiff suffered

mental anguish, humiliation, and embarrassment among her friends and co-workers.

WHEREFORE, Plaintiff demands judgment in her favor and against Defendants and

respectfully requests that this court impose compensatory and punitive damages, in addition to

any relief this Court deems appropriate.

COUNT V

BATTERY

PLAINTIFF v. DOUGLAS TASKER AND LISA LABYACK

57. Plaintiff incorporates the allegations of each of the preceding paragraphs as

though set forth more fully at length herein.

58. On November 15, 2004, Plaintiff attended a meeting held by Douglas Tasker

and Lisa Labyack.

59. At this meeting, Defendants attempted to get Plaintiff to voluntarily resign from

her position at McDonalds and threatened her with termination if she did not voluntarily

resign.

60. Defendants began screaming at Plaintiff, blocked the door, and snatched the

paperwork they had given her out of her hand. The conduct of Defendants was not privileged.

61. Defendants acted maliciously and with the intention of bringing about harmful

or offensive contact to the Plaintiff’ s person.

Case 2:05-cv-01117-WY Document 1 Filed 03/09/05 Page 11 of 12
62. As a direct and proximate cause of the actions of Defendants, Plaintiff suffered

mental anguish, humiliation, and embarrassment among her friends and co-workers.

WHEREFORE, Plaintiff demands judgment in her favor and against Defendants and

respectfully requests that this court impose compensatory and punitive damages, in addition to

any relief this Court deems appropriate.

 

Date Thomas More Holland

Counsel for Plaintiff

Identification #43517

Grace Hall - 1522 Locust St.

Philadelphia, PA 19102

Case 2:05-cv-01117-WY Document 1 Filed 03/09/05 Page 12 of 12