7Eleven / 7 eleven - fmla _ violaton _ lawsuit texas northern case : 3:15-cv-02675
federal case Thawar v. 7-Eleven Inc, case number 3:15-cv-02675, from Texas Northern Court.
Link: http://www.leagle.com/decision/In%20FDCO%2020160301D89/THAWAR%20v.%207-ELEVEN, %20INC.
This case arises from Defendant 7-Eleven, Inc.'s ("7-11") alleged misconduct towards Plaintiff Gulnar Thawar ("Thawar") during the time she worked there. In her Complaint, Thawar recounts a litany of abuses and misdeeds. First and foremost, she alleges that 7-11 failed to properly safeguard her personal identifying and financial information ("PII"), which resulted in her identity being stolen. Doc. 1, Compl. ¶¶ 2-3, 21-38. After bringing the breach to 7-11's attention, she was treated with increasing hostility, culminating in a physical battery by one of her managers. Id. ¶¶ 39-57. Subsequently, Thawar missed approximately two weeks of work after suffering injuries in an unrelated fall from her car. Id. ¶¶ 58-88. The hostile treatment continued upon her return, and she elected to work from home, ostensibly with 7-11's approval. Id. ¶¶ 89-104. During this time, 7-11 notified Thawar that it was designating her as an "inactive employee, " and that she would not have any job duties until a doctor cleared her to return to work. Id. ¶¶ 108-13. Despite her protestations, 7-11 did not change this designation. Id. ¶¶ 114-17.
Ultimately, Thawar voluntarily resigned her position. Id. ¶ 118, Ex. E. 7-11 accepted her resignation, and later did not oppose Thawar's application for unemployment benefits. Id. ¶¶ 119, 120-23, Ex. F. After the separation, Thawar did not receive her COBRA information1 from 7-11 until it was too late to keep her health insurance coverage, though 7-11 maintains that it sent her the information in a timely manner. Id. ¶¶ 124-27, 131-32. In response to her request for her personal belongings, 7-11 informed Thawar that it could not locate any such belongings after an extensive search. Id. ¶¶ 128-30. Among the missing possessions were a Quran, photographs, glasses, a personal laptop and tablet, and information regarding the theft of her PII. Id. ¶ 168(A).
All said, Thawar brings seven claims against 7-11: (1) FMLA discrimination and retaliation based on injuries suffered in the fall from her car; (2) FMLA discrimination and retaliation based on her major depressive disorder; (3) failure to provide required COBRA information; (4) conversion; (5) battery; (6) negligence; and (7) negligent misrepresentation. Compl. ¶¶ 3, 137-94. 7-11 filed the instant Motion, which is best characterized as a motion for partial dismissal, to dismiss Thawar's COBRA, conversion, battery, negligence, and negligent misrepresentation claims. Doc. 5, Def.'s Mot. to Dismiss; Doc. 6, Def.'s Br. in Supp. Thawar has filed her Response, and 7-11 its Reply. Doc. 8, Pl.'s Resp.; Doc. 10, Br. in Reply to Pl.'s Resp. [hereinafter "Def.'s Reply"]. The Motion is now ready for review.
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