Michael 1. Ross, OSB No. 914106 

mjross@slaterross.com 

SLATER ROSS ATTORNEYS 

710 S.W. Madison Street, Suite 400 

Portland, Oregon 97205 

Tel: (503) 227-2024 

Fax: (503) 224-7299 

Of Attorneys for Plaintiff 

UNITED STATES DISTRICT COURT 

MICHEAL YN SCHROEDER, 

AMY PATTERSON, 

WESLEY CORDOVA, 

ELODIA GONZALEZ, 

L YNZEE JOHNSON, 

KYLEE LUNSFORD, and 

MATTHEW PERRY, 

Plaintiffs, 

v. 

OREGON DISTRICT 

PORTLAND DIVISION 

WESTMONT LIVING, INC., dba, 

NEA W ANNA BY THE SEA, 

Defendant. 

JURISDICTION 

1. 

Case No. 3:14-CV-1469 

COMPLAINT 

Jury Trial Demanded 

Plaintiffs allege wage and hour claims under Federal and State law; Plaintiffs further 

allege employment discrimination claims under Federal and State Law. This Court has subject 

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matter jurisdiction pursuant to 28 U.S.C. 1331 , and supplemental jurisdiction pursuant to 28 

U.S.C. 1367. 

2. 

Plaintiffs are residents of the State of Oregon. Defendant is a California corporation 

whose principal place of business is located in the State of California. The amount in 

controversy is in excess of $75,000.00, exclusive of costs and fees. This Court has jurisdiction 

pursuant to 28 U.S.C. 1332. 

VENUE 

3. 

The events giving rise to Plaintiffs' claims occurred in Oregon. At all times, Defendant 

has maintained regular, sustained and substantial contacts within the State of Oregon. Pursuant 

to 28 U.S.C. 1391, venue is proper in the United States District Court for the District of Oregon. 

COMMON ALLEGATIONS 

4. 

Plaintiffs were employed by Defendant to work at an assisted living facility known as 

Neawanna by the Sea, located in Seaside, Oregon. Defendant did not pay Plaintiffs for all of the 

hours they worked. Defendant's office manager, Lovella Burchfield (Burchfield), engaged in a 

systematic effort to reduce labor costs by altering the timekeeping records to either reduce or 

mischaracterize the hours worked by Plaintiffs, including but not limted to revising the time 

records to add lunch periods although the employees had worked without a lunch break, revising 

the time records to shave off hours worked past the employees normal schedule, failing to enter 

hours for double shifts that were recorded manually because the timekeeping system would not 

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allow employees to punch back into work, and mischaracterizing work hours as training hours to 

avoid paying overtime. 

5. 

On or about August 18, 2014, Plaintiffs confronted Defendant's executive director, 

Ladonna Shadden (Shadden), regarding the failure pay them for hours worked. Plaintiffs 

provided Shadden with written statements regarding the missing hours from their most recent pay 

period. They informed Shadden that they needed to be paid for past work before engaging in 

future work. They also informed Shadden that they would be reporting their concerns regarding 

the working conditions and patient care to the appropriate authorities. Shadden responded by 

threatening to terminate Plaintiffs. 

6. 

Plaintiffs left the meeting with Shadden and proceeded to make reports to the Health 

Department, Senior and Disability Services, and the local police. Those complaints included 

concerns regarding sanitation of the facilities, lack of personal protective equipment, improper 

distribution of medication, inadequate patient care due to under staffing, and diverting supplies 

that were billed to medicare for individual patients. Those complaints resulted in the 

commencement of one or more investigations into Defendant's practices at Neawanna by the 

Sea. 

7. 

On or about August 19, 2014, Plaintiffs went to the Portland office of the Bureau of 

Labor and Industries (BOLI) to file a complaint. Plaintiff Lynzee Johnson (Johnson) called 

Shadden from BOLI to determine if and when Plaintiffs would be paid and could return to work. 

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Case 3:14-cv-01469-BR Document 1 Filed 09/15/14 Page 3 of 7
Johnson informed Shadden that Plaintiffs were at BOLL Shadden informed Johnson that she had 

been terminated and her final check was in process. Plaintiffs passed the phone around as 

Shadden informed each of them that they had been terminated and their final checks were in 

process. Plaintiffs returned to Neawanna by the Sea to pick up their final paychecks, and were 

informed that they were not allowed back on the premises.' Defendant did not pay Plaintiffs for 

all wages due by end of the next business day, August 20,2014. Plaintiffs received paychecks on 

August 25,2014, which did not included all wages due. On or about August 25, 2014, Plaintiffs 

sent Defendant a written demand for unpaid wages, overtime wages, and penalty wages. 

CLAIM ONE 

(Oregon Wage and Hour) 

8. 

Plaintiffs reallege Paragraphs 1-7 above. 

9. 

Plaintiffs are entitled to recover unpaid wages, overtime wages and penalty wages 

pursuant to ORS 652.140 (wages due on termination), ORS 652.150 (penalty wages), ORS 

653.025 (minimum wage), ORS 653.055 (civil claim), and ORS 653.261 (overtime). 

II 

II 

II 

, Plaintiff Amy Patterson (patterson) was not present at BOLl, but was present with the 

other Plaintiffs when they attempted to pick up their final check and were excluded from the 

premises. 

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CLAIM TWO 

(Fair Labor Standards Act) 

10. 

Plaintiffs reallege Paragraphs 1-7 above. 

11. 

Plaintiffs entitled to recover unpaid wages, overtime wages and liquidated damages 

pursuant to 29 U.S.C. 206 (minimum wage), 29 U.S.C. 207 (overtime) and 29 U.S.C. 216 (civil 

claim). 

CLAIM THREE 

(Employment Discrimination - Oregon) 

12. 

Plaintiffs reallege Paragraphs 1-7 above. 

13. 

Plaintiffs were terminated by Defendant because they complained to Defendant about 

their unpaid wages; complained to the local and state authorities about working conditions and 

patient care, which they believed in good faith to be in violation local and state law; and 

complained to BOLl about unpaid wages and employment practices. Defendant's termination of 

Plaintiffs constituted an unlawful employment practice pursuant to ORS 652.355 (discrimination 

because of wage claim), ORS 653.060 (discrimination because of wage complaint), ORS 

659A.199 (discrimination because of report of violation), and/or ORS 659A.865 (discrimination 

because of filing complaint). 

II 

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14. 

Plaintiffs have suffered economic damages in the form of lost wages and non-economic 

damages in the form of emotional distress, and are entitled to recover said damages or statutory 

minimum damages pursuant to ORS 659A.885 (civil claim). 

CLAIM FOUR 

(Employment Discrimination - Federal) 

15. 

Plaintiffs reallege Paragraphs 1-7 above. 

16. 

Plaintiffs were terminated by Defendant because they complained about unpaid wages. 

Defendant's termination of Plaintiffs violated 29 U.S.C. 215 (discrimination because of wage 

complaint). 

17. 

Plaintiffs have suffered economic damages in the form of lost wages, and are entitled to 

recover said damages and liquidated damages pursuant to 29 U.S.C. 216 (civil claim). 

ATTORNEY FEES 

18. 

Plaintiffs are entitled to recover reasonable costs and attorney fees pursuant to ORS 

652.200, ORS 653.055, ORS 659A.885, and 29 U.S.C. 216. 

II 

II 

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WHEREFORE PLAINTIFFS PRAY FOR JUDGMENT AGAINST DEFENDANT AS 

FOLLOWS: 

A. For economic damages in an amount to be proven at trial; 

B. For statutory penalties and liquidated damages; 

C. For non-economic damages of$100,000.00 per Plaintiff; 

D. For equitable relief as the Court deems just; 

E. For pre/post-judgment interest; and 

F. For costs, disbursements and attorney fees. 

Page 7: COMPLAINT 

DATED: September 15, 2014 

/s/ M. J. Ross 

Michael J. Ross, OSB No. 914106 

Of Attorneys for Plaintiffs 

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