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7Eleven / 7 eleven - fmla _ violaton _ lawsuit texas northern case : 3:15-cv-02675

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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.

Re
Nov 3, 2016
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Comments

  • Re
      23rd of Oct, 2016
    0 Votes
    7-Eleven Inc - Security Breach Put Personal Information Of CURRENT AND FORMER Employees At Risk
    Carrollton
    Texas
    United States
    pacermonitor.com

    https://www.pacermonitor.com/public/case/9075339/Thawar_v_7Eleven_Inc

  • Re
      3rd of Nov, 2016
    0 Votes
    7-Eleven - 7-Eleven Corporate gives -UNAUTHORIZED ACCESS TO "Employee's "PERSONAL INFORMATION
    Irving
    Texas
    United States
    7-eleven.com

    GULNAR THAWAR, Plaintiff, v. 7-ELEVEN, INC., Defendant.
    United States District Court, N.D. Texas, Dallas Division.
    Read the details here : http://www.leagle.com/decision/In%20FDCO%2020160301D89/THAWAR%20v.%207-ELEVEN, %20INC.

  • Re
      3rd of Nov, 2016
    0 Votes
    7-Eleven - letter is to provide you notice on behalf of 7-Eleven, Inc. of a recent security breach incident
    United States
    7-eleven.com

    Link to more details: http://doj.nh.gov/consumer/security-breaches/documents/7-eleven-20160808.pdf

    August 8, 2016
    State of New Hampshire Department of Justice Office of the Attorney General Joseph Foster 33 Capitol Street Concord, NH 03301
    Re: Security Breach Notification
    Dear Mr. Foster:
    This letter is to provide you notice on behalf of 7-Eleven, Inc. of a recent security breach incident. On behalf of the 7-Eleven franchisees, 7-Eleven maintains a database of records for each franchise location that contains information on all franchisee employees for that location. Only the records in the database for the employees of a particular franchisee ("Employing Franchisee") are sent to the local store and are available for access by the Employing Franchisee. 7-Eleven discovered in June 2016 that as part of the update process, in addition to the normal set of employee records sent for each Employing Franchisee, some additional records from the franchisee employee database were available to certain 7-Eleven franchisees. The information potentially accessible includes franchisee employees' names, addresses, telephone numbers, and social security numbers.
    We immediately updated the records, investigated to determine the cause of the issue, and have taken additional safety measures to protect the information and ensure that records are not accidentally made available to any franchisee other than the Employing Franchisee.

  • Re
      3rd of Nov, 2016
    0 Votes
    7-11's negligent handling of her PII of "Current and Former Employees" - 7-Eleven Corporate - 7-11's negligent handling of PII
    United States

    To defeat Thawar's negligence claim, 7-11 argues that (1) it is preempted by the Texas Workers' Compensation Act (TWCA); and (2) Thawar has failed to plead physical damages. Def.'s Br. in Supp. 10-11; Def.'s Reply 4T-5.4 Thawar, on the other hand, contends that her Complaint clearly shows that she has suffered financial injuries as a result of 7-11's negligent handling of her PII. Pl.'s Resp. 5-7. She also argues that negligence claims like hers are "neither new nor novel, " pointing to two complaints based on the mishandling of employees' and customers' PII. Id. at 6; Doc. 9, Pl.'s App. in Supp.

    Read more here : http://www.leagle.com/decision/In%20FDCO%2020160301D89/THAWAR%20v.%207-ELEVEN, %20INC.

  • Re
      3rd of Nov, 2016
    0 Votes
    7-Eleven - Breach's and Put's Personal Information Of Employees At Risk
    United States
    7eleven.com

    7-Eleven fails and "Ensure" to control the way confidential data is accessed which contained social security number, bank account information, date of birth etc.

    read the details of the lawsuit here..
    https://www.pacermonitor.com/public/case/9075339/Thawar_v_7Eleven_Inc

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