Billy Wadsworth v. Wedge Measurement Systems, Inc.

Billy Wadsworth sued Wedge Measurement Systems, Inc. on wrongful termination and retaliation theories claiming:



1. That Defendant is a foreign limited liability company, as registered with the

Okiahoma Secretary of State's office, and located in Tulsa County, Oklahoma.



2. That Plaintiff is an individual and former employee of Defendant and was employed with Defendant the last five (5) years.



3. That Plaintiff sustained an on-the-job injury and as a result, availed himself of his rights under the Oklahoma Worker's Compensation Act, 85 0.5. § 1 et seq. (the "Act”), including seeking medical treatment.



4. That in January of 2012, Defendant terminated and/or constructively discharged Plaintiff by intentionally making his working conditions intolerable.



5. That Defendant's termination of Plaintiff was in retaliation for Plaintiff availing

himself of his rights under the Act and as such the availment of his rights was a

significant motivating factor in his termination and the conduct of Defendant violated

850.S.5&6.



6. That Plaintiff was a covered employee within the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. § 201 et seq. Plaintiff worked overtime and services were not paid according to the minimal requirements set forth under FLSA. Plaintiff complained about his situation.



7. Defendant retaliated against: Plaintiff for complaining about the pay situation by terminating and/or constructively discharging him. Further, Defendant began a course of conduct of harassing Plaintiff in contravention of the FLSA, including assaulting him, criticizing and insulting him in the presence of co-workers.



8. Defendant engaged in outrageous conduct and conduct utterly intolerable in a civilized society by retaliating against Plaintiff, suspending him, and interfering with his marriage by making false statements of fact to his spouse.



9. As a result of the conduct of Defendant, Plaintiff has sustained actual damages in excess of $10,000.00. Such conduct constitutes intentional infliction of emotional distress.



10. Defendant has acted with reckless disregard for the rights of Plaintiff, and intentionally with malice, and as such punitive damages in excess $10,000.00 should be assessed against Defendant.



WHEREFORE, fbr all of the foregoing reasons, Plaintiff respectfully request an award of actual damages in excess of $75,000.00, an award of punitive damages in excess of $10,000.00, all costs of this action, and for any and further relief as this Court deems just and proper.



Defendant Wedge Measurement Systems, LLC appeared and answered as follows:



1. WEDGE admits the allegations contained in Paragraph 1 of Plaintiff's Petition.



2. In response to the allegations contained in Paragraph 2 of Plaintiffs Petition, WEDGE admits Plaintiff is an individual, and that WEDGE is Plaintiffs employer, WEDGE otherwise specifically denies all remaining allegations contained in Paragraph 2 and demands strict proof thereof



3. WEDGE admits the allegations contained in Paragraph 3 of Plaintiff's Petition.



4. WEDGE specifically denies the allegations contained in Paragraph 4 of Plaintiffs Petition and demands strict proof thereof.



5. WEDGE specifically denies the allegations contained in Paragraph 5 of Plaintiffs Petition and demands strict proof thereof.



6. In response to the allegations contained in Paragraph 6 of Plaintiffs Petition, WEDGE admits that Plaintiff is a covered employee under the Fair Labor Standards Act ("FLSA”) and that, on occasion, Plaintiff worked overtime. WEDGE otherwise specifically denics the remaining allegations contained in Paragraph 6 and demands strict proof thereof.



7. WEDGE specifically denies the allegations contained in Paragraph 7 of Plaintiffs Petition and demands strict proof thereof.



8. WEDGE specifically denies the allegations contained in Paragraph 8 of Plaintiffs Petition and demands strict proof thereof



9. WEDGE specifically denies the allegations contained in Paragraph 9 of Plaintiffs Petition and demands strict proof thereof



10. WEDGE specifically denies the allegations contained in Paragraph 10 of Plaintiffs Petition and demands strict proof thereof



11. WEDGE specifically denies that Plaintiff is entitled to recover any damages, actual or punitive, in this lawsuit and demands strict proof thereof



Affirmative Defenses



12. WEDGE contends Plaintiff has failed to state any legally cognizable claims against WEDGE, and Plaintiffs lawsuit should therefore be dismissed.



13. WEDGE contends Plaintiff was at all times an employee at-will during his employment at WEDGE.



14. WEDGE contends it never terminated Plaintiff, and further contends Plaintiff cannot meet his burden of proof to establish a claim for constructive discharge in this lawsuit.



15. WEDGE contends all decisions it made concerning Plaintiffs employment were made for legitimate, non-discriminatory and non-retaliatory business reasons, and were made in the exercise of reasonable business judgment.



16. To the extent it might be necessary to do so, WEDGE hereby invokes all applicable statutes of limitation and statutory damage caps which apply to the claims asserted by Plaintiff in this lawsuit.



17. Upon information and belief, WEDGE contends Plaintiff has failed to reasonably mitigate the damages he is claiming in this lawsuit.



18. To the extent Plaintiff is claiming emotional distress as an item of damages in this lawsuit, WEDGE contends any such emotional distress was caused by pre-existing conditions and/or other factors unrelated to Plaintiffs employment at

WEDGE.



19. WEDGE contends since it has in place, and it follows, policies and procedures reasonably designed to prevent discriminatory treatment in the workplace, imposition of any amount of punitive damages against WEDGE in this lawsuit would be legally impermissible.



20. WEDGE contends Plaintiff's claims asserted in this lawsuit are frivolous, because Plaintiff has no rational argument, based in law or facts, to support his claims. Pleading in the alternative, WEDGE contends Plaintiff has knowingly asserted his claims in bad faith. In either event WEDGE should be reimbursed for its reasonable costs,

including attorneys' fees, incurred in defending this lawsuit, pursuant to OKLA. STAT. tit.

12, § 2011.1.



21. WEDGE specifically reserves the right to amend its Answer to include additional affirmative defenses as discovery progresses in this matter.



WHEREFORE, having fully answered, WEDGE prays that it be dismissed from this case with its costs expended and such other relief as the Court deems proper.

Settled and dismissed with prejudice.