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Dianne Kampinen - Plaintifl pro se

-vUNITED STATES DISTRICT COURT

NORTHERN DISTRICT Of ILLINOIS

EASTERN DIVISION

Case No.

Jury demanded

U.S. Census Bureau, Dr Steven Dillingham, DirectorU.S. Department of Commerce, Honorable Wilber Ross, Secretarv

I "'.on:,*Ht8 Lei nernveber

COMPLAINT Magistrate Judge Jeffiey Cummings

Plaintiff alleges as follows:

This is an action alleging Defendants' adamant, willful refusal to pay Plaintiff wages earned

during employment with US Census Bureau, while, to this date, maintaining that Plaintiff did not

even work for the Census Bureau. It alleges a violation by Defendants for non-payment of

earned wages, pursuant to:

1. Fair Labor Standards Act, 29 CFR Section 516.5(a) ( "Payroll Records" ) Payroll

Records must be kept for "at least" three years" -

2. and, 29 USC Section2ll (a)(5) ( describing what constitutes a violation of ACT, i.e., a

disregard of 29 USC Section2ll (c)t and its recordkeeping requirement )

3. This Complaint alleges willful non-payment of wages by Defendants and supervisors of

the 2010 Census, who were, and are, fully aware of the FLSA requirements but who

l Fair Labor Standards Act 21 1 (c)

"Every employer subject to any provision ofthis chapter or ofany order issued under this chapter shall

make, keep, and preserve such records ofthe persons employed by him and ofthe wages, hours, and

other conditions and practices of employment maintained by him, and shall preserve such records for

such periods of time .... "

Case: 1:20-cv-01553 Document #: 1 Filed: 03/03/20 Page 1 of 5 PageID #:1
have denied that Plaintiff worked for Census, and have not, up to this time, paid those

wages that are due.

ruRISDICTION and VENUE

4. This court has Jurisdiction pursuant to 28 USC Section 1361 since this Complaint is an

action to compel a Government Agency /its employees to perform a duty owed to

Plaintifl and it alleges a breach of that duty;

5. This Court has subject-matter Jurisdiction under 28 USC Section 133 1, since this

Complaint is a Civil Action arising under laws of the United States, and its Statutes, and

Jurisdiction under 28 USC Section 1346 is proper since Defendant is an agency of the

Federal Government.

6. Venue is proper pursuant to 28 USC Section l39l(e ) (l) (B) and (C) since Defendant is

an employee of the United States; events of this Complaint occurred in the Northem

District of Illinois.

PARTIES _

7. Plaintiff is an individual, who resides in Chicago, and was employed by Census Bureau

in 2010, as an Enumerator Trainee, from April 27 to April29,2010

8. Defendant Ross is current Secretary of Department of Commerce, which is the agency

over United States Census Bureau, who, on information and belief, resides and works in

Washington DC

9. Defendant Dr Dillingham is current Director of U.S. Census Bureau, and on information

and belief, resides in Maryland.

10. Melissa Simon, Liz I last rurme unknown ] and other employees and supervisors not

named above, but represented Census employer in 2010, and hired me.

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FACTS of Case

I l. In 2009, Plaintiff took test for Census Bureau Enumerator position, for 2010 Census, and

received a high score, and was hired in April, 2010. First day of work was April 27,2010

at assigned site on N. Clark Street ( a bank building )

12. Plaintiff arrived at site on Tuesday, April 27,2010. She was told immediately that "you

were supposed to be here yesterday, we did fingerprints and everything" ( verbatim ) But

Plaintiff had arrived on date assigned to her during interview, and had taken care to check

out the locale and date, and imparted that to "Lit'the Trainer, who replied that Plaintiff

can "stay and train here" -

13. The Trainees were handed a satchel, into which, at end of workday, we were to write

down our hours worked on a certain Form [ *D-308" ] and to place that Form inside - we

were admonished to never take the satchel out of the building.

14. Since others in group had already had HR processing,Lizplayed catch-up during their

break, and presented Plaintiff with trvo Forms to complete, for which Plaintiff presented

her ID's. The Forms were [-9 [ DHS ] and the Direct Deposit Form, for which Plaintiff

had brought her account information.Liz's supervisor, Simon, was present as Plaintiff

completed the two Forms. Liz did not finish the HR processing that day.

15. On Thursday, April28th, Liz administered the Oath I of Office ] - as required by

employees of a Federal agency.

16. On same day, Liz informed Plaintiff that she was terminated; and gave no clear

explanation.

17. Although fingerprinting is mandatory for Census employment,Lizdid not fingerprint

Plaintiff.

18. Plaintiff within a few days, contacted Regional supervisors, as she believed her

termination was unfair. In fact, when Plaintiff reached Lizto ask why bank did not have

her pay, Liz revealed that the termination was not her I Liz's ] decision.

19. Plaintiff waited to receive a response from Census HR. She also checked with the Bank

to see if her pay had been deposited. It had not. Yet, Form D-308 - with hours recorded,

and Direct Deposit Form properly submitted - would have resulted in Plaintiffreceiving

the timely pay deposit.

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20. During this time, Plaintiffheard from a few local-office supervisors, one of whom

seemed concerned that Plaintiff had contacted a higher Regional entity, and written a

letter, as well.

21. These supervisors urged Plaintiff to "come to pick up" her pay. Plaintiff informed them

that she expected that her pay would be deposited via Direct Deposit, and that this was

the method required, anyway. She also asked that she be able to resume work, and asked,

too, whether - if she comes to pick up her pay, she will also be fingerprinted, and resume

training. This, because one of the persons she contacted at Regional office or higher

offices, had said "I don't think you were fired."

22. So, Plaintiff was in midst of expecting response of Regional or HR overall, to let her

know more about why she was seemingly, now, with no prospects of being an

Enumerator. She declined, via phone call, to go to pick up her pay, in person, for she

knew that, if she did so, the persons who had made a mistake in denying fingerprinting I

mandatory part of HR ] may want her to be erased, so to speak, from the books, or

payroll, and there would then be no obligation to concem themselves with the fact that

Plaintiff had filled out the Direct Deposit Form.

23. Plaintiff filed a lawsuit in2011, alleging wrongful denial of due process by HR

Department of Census Bureau. The facts: an applicant for a Federal job, who has an

arrest record, as Plaintiff has, would be presented with a "30-day" letter by Census, after

I-9 and other background information and fingerprints have been submitted to Justice

Department / Government, and an employee may then have opportunity to respond to that

background discovery, but, without the fingerprint submission by Trainers, Plaintiff was

denied opportunity to continue with training.

24.Plaintiffalleged mis-deeds by the local office of Census.

25. Now, after time has passed, and since Plaintiff tended to her lawsuit, which is her right,

she was also not urgently inquiring about the 3 days' pay due her.

26. Plaintiff is now taken aback that, when she began that urgent, persistent and diligent

inquiry around 2017, Census officials behaves as if she never worked for that agency,

and have told her that they cannot "find" that she ever worked for Census. Plaintiff is

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well aware of the 3 year-recordkeeping statute comment 2made to her in around 2019,

when she was communicating with various officials - however, I now ask that this Court

be informed - and to understand - that I deserve to be paid for work performed.

Prayer for ReliefI ask this Court to grant relief in awarding the pay due me, plus back-pay and liquidated

damages, due to Defendants' surprising non-acknowledgement, and their consistent nonresponse to my persistent requests, calls, inquiries - and their buck-passing - their outright

denials and their on-and-off promises to look into the matter. When I followed up, they would

promise once again that someone in authority was either looking into the matter, or would look

into the matter. Yet, I was patient, since I had waited so long for this Agency, local Census

people, to do their duty, and was now even willing to wait further.

Respectfully,

( L,ru- l-r'uv*' March 3,2020

Dianne Kampinen

530 West Arlington Place Apt.3l7

Chicago, IL 60614-3979

Email raintall64(0yahoo.com

773 3815696 Voice Mail

2 Wage and Hour Division U.S. Department of Labor 200 Constitution Ave NW

Washington,DC20210 1-866-4-US-WAGE l-866-487-9243

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