ex-crane composites worker's federal lawsuit

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION

Taimi Fernandez-Guillot, ) Plaintiff, ) )

vs. ) CAUSE NO: 3:14-cv-1555 ) CRANE CO, a Delaware Corp., )

CRANE COMPOSITES an operating ) Division or group )

AND ) CRANE COMPOSITES, INC. a ) Delaware Corp. )

Defendants ) Jury Trial Demanded

COMPLAINT TORT FOR WRONGFUL TERMINATION

Plaintiff, by counsel, states as her cause of action against the defendant as

follows:

1/ This is an action arising under the Indiana tort doctrine of wrongful

termination commonly referred to as a McClanahan termination. McClanahan v.

Remington Freight Lines, 517 N.E. 2d 390 (1988).

2/ Jurisdiction is based upon diversity of citizenship.

3/ The defendant corporations are foreign corporations admitted to do

business in Indiana and their principle offices are in Stamford Connecticut and

Channahon, Illinois.

4/ The plaintiff resides in Goshen, Indiana.

5/ The plaintiff is an experienced human resources professional holding

both a Bachelors and Masters degree from Florida International University. She

was employed in that capacity in Miami, Florida.

case 3:14-cv-01555-WCL-JEM document 1 filed 05/19/14 page 1 of 6

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6/ On or about October 15, 2013 Ms. Fernandez-Guillot was recruited

for the position of HR Manager at the defendants fiberglass/composite

manufacturing facility in Goshen, Indiana. On December 2, 2013 she was the

successful candidate for the position with an annual base compensation of

$90,000.00 plus bonus. Being a life-long resident of Florida, notwithstanding, she

embraced this new position as an opportunity to professionally advance herself.

She, her husband and their son moved to Goshen, Indiana. Her business card

read Crane Composites Taimi Guillot HR Manager 2424 East Kercher Goshen,

Indiana.

7/ Cranes(NYSE) corporate statement asserts: At Crane, corporate

citizenship is more than a responsibility: its our way of doing business. The

concept of corporate responsibilitywhere companies take responsibility not only

for profits but also for the impact of their activities on the many different

stakeholders with which it interactsis the foundation on which our company was

built and the common thread that ties together all that we do today. Every

leadership conference, every investor presentation and each orientation session for

a new employee begins with a discussion of the ethics on which our Company was

founded, including honesty and fairness in dealings with customers, employees

and even competitors, and the core values of today, which are integrity and

performance with trust and respect.

8/ Cranes ethical spirit is expressed as: The people of Crane are

expected to conduct themselves with honesty and integrity in all facets of their

business lives. Our CEO is not only our Chief Executive Officer but, informally, our

Chief Ethics Officer, and he sets the tone at the top for doing the right thing, the


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first time, and every time. Performance evaluations of our people include an

assessment of ethical behavior and commitment to Cranes values.

Crane sustains its values through training in its Code of Ethics and in many

specific operational areas, including export controls, anti-corruption,

and workplace harassment. These are not just one-time sessions, but are refreshed

and repeated regularly to complement our ethics education with compliance and

responsibility training. We require that our managers provide regular reports and

certifications that they understand and acknowledge their obligations to comply

with both the spirit and letter of our Code and immediately report any issues that

arises.

9/ The plaintiff was required by Crane to attend and complete corporate

citizenship and ethics training. On January 25, 2014 she completed the required

training to wit: Global Bribery and Corruption Awareness, Crane Code of

Conduct from the Crane Co.s Center for Interactive Compliance Training, and

Avoiding Illegal Competition.

10/ The plaintiffs HR reporting chain consisted of: Robert Burton

Divisional VP HR (Crane Composites); Andrea Frohning Corporate VP HR (Crane

Co); and Max Mitchell CEO Corporate (Crane Co). Her plant report was to Michael

Ridge Plant Manager

11/ A critical function of her job was new employment screening, selecting,

hiring, and current employee audits. A part of that function was the taking and

reviewing of the I-9 Form of the United States Department of Homeland Security

U.S. Citizenship and Immigration Services. And for ensuring and verifying the


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accuracy of identification documents submitted by prospective and current

employees in support of their I-9 Forms.

12/ As HR manager for the defendants Goshen Plant she was the manager

charged with the duty and responsibility to execute the employer Certification or

rehire reverification, under penalties of perjury.

13/ On February 18, 2014 the plaintiff terminated Jose E. Rodriguez for

providing false identification to obtain employment. During his exit interview with

the plaintiff he told her that most of the plant was, as he put it, illegal. In fact he

had worked before under the name of Efrain Moran. Thereafter, the plaintiff

commenced the verification audit discovering extensive illegal employee at the

Goshen Plant.

14/ Both the plant production manager and her manager Divisional VP

Burton became engaged in this process by her advice.

15/ In April 2014 her direct report Divisional HR VP Robert Burton told

her to get rid of any copies of employee identifications and proofs attached to their

I-9 forms. She refused. During a meeting in the first week of April, 2014

Divisional HR VP Burton directed her to accept any proofs for an I-9 certification

for these new employees whatever, they give youaccept then sign the I-9

dont inspectdont do anything you are not ICE/INS.. just sign. She refused

to sign new employees under these conditions.

16/ As of May 4, 2014 there continued to be undocumented employees in

the Goshen plant and her efforts at following Cranes stated ethical policy was

being thwarted.


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17/ On May 4, 2014 plaintiff sent a communication to Divisional President

Craney in Channahon, Illinois outlining the systemic issues of undocumented

workers at the Goshen plant the plaintiff pleaded her rationale to President

Craney based upon: my main responsibility is to protect our company from

any legal implications while complying and enforcing Cranes Business Ethics and

Compliance with Law Policy CP-102. We have a shared obligation to report any and

all ethical risks to our senior management team, directors and officers to help

foster a culture of honesty and accountability. I want to work for a company that I

am proud of and as our founder, RJ Crane , indoctrinated I am resolved to

conduct my business in the strictest honesty and fairness, to avoid all deception

and trickery

18/ On May 14, 2014, at the Lux Caf in Goshen, Divisional HR VP Burton

terminated the plaintiff saying youre just not a team player. you have

burned enough bridges and our people are not willing to give you a second

chance

19/ In contravention of the public policy of the State of Indiana,

defendants terminated the plaintiff for her refusal to engage in behavior for which

she could have been criminally or civilly liable for perjury regarding required

United States Homeland Security documents for employee hiring and continued

employment

20/ Defendants unlawful actions were intentional with knowledge of the

falsity and accomplished in willful disregard of her rights protected by Indiana

common law.


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21/ Plaintiff has suffered lost income and will continue to incur lost

income and suffered emotional pain and continues to suffer emotional pain

resulting from defendants willful unlawful conduct.

22/ Plaintiff requests that her trial be conducted before a jury.

REQUESTED RELIEF

WHEREFORE, PLAINTIFF, by counsel respectfully requests that this Court

award judgment in the amount of $1,500,000.00 for economic loss and

compensatory damages, and $500,000.00 in punitive damages to be awarded and

determined by Indiana law.

Respectfully submitted,

s/ Raymond J. Hafsten, Jr. Raymond J. Hafsten, Jr.

Of Counsel

s/ John H. Haskin John H. Haskin

s/ Bradley L. Wilson Bradley L. Wilson

JOHN H. HASKIN & ASSOCIATES 255 North Alabama Street 2nd Floor

Indianapolis, IN 46202 317-955-9500 FAX 317-955-2570

[email protected] [email protected] [email protected]


O JS 44 (Rev. 12/07) CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except asprovided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purposeof initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM .)

I. (a) PLAINTIFFS DEFENDANTSTAIMI FERNANDEZ-GUILLOT CRANE CO., et al.

(b) County of Residence of First Listed Plaintiff Elkhart County of Residence of First Listed Defendant(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEM NATION CASES, USE THE LOCATION OF THE LAND INVOLVED.

Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)John H. Haskin / Raymond J. Hafsten, Jr. / Bradley L. Wilson JOHN H. HASKIN & ASSOCIATES 255 North Alabama Street, 2 Floor, Indianapolis, IN 46204 (317) 955-9500nd

II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an X in One Box for Plaintiff(For Diversity C ases Only) and One Box for Defendant)

1 U .S. Government 3 Federal Question PTF DEF PTF DEFPlaintiff (U.S. Government Not a Party) Citizen of This State X 1 1 Incorporated or Principal Place 4 4

of Business In This State

2 U .S. Government X 4 Diversity Citizen of Another State 2 X 2 Incorporated and Principal Place 5 X 5Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6 Foreign Country

IV. NATURE OF SUIT (Place an X in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

110 Insurance PERSONAL INJURY PERSONAL INJURY 610 Agriculture 422 Appeal 28 USC 158 400 State Reapportionment 120 M arine 310 Airplane 362 Personal Injury - 620 Other Food & Drug 423 W ithdrawal 410 Antitrust 130 M iller Act 315 Airplane Product M ed. M alpractice 625 Drug Related Seizure 28 USC 157 430 Banks and Banking 140 Negotiable Instrument Liability 365 Personal Injury - of Property 21 USC 881 450 Commerce 150 Recovery of Overpayment 320 Assault, Libel & Product Liability 630 Liquor Laws PROPERTY RIGHTS 460 Deportation

& Enforcement of Judgment Slander 368 Asbestos Personal 640 R.R. & Truck 820 Copyrights 470 Racketeer Influenced and 151 M edicare Act 330 Federal Em ployers Injury Product 650 Airline Regs. 830 Patent Corrupt Organizations 152 Recovery of Defaulted Liability Liability 660 Occupational 840 Trademark 480 Consumer Credit

Student Loans 340 M arine PERSONAL PROPERTY Safety/Health 490 Cable/Sat TV (Excl. Veterans) 345 M arine Product 370 Other Fraud 690 Other 810 Selective Service

153 Recovery of Overpayment Liability 371 Truth in Lending LABOR SOCIAL SECURITY 850 Securities/Commodities/ of Veterans Benefits 350 M otor Vehicle 380 Other Personal 710 Fair Labor Standards 861 HIA (1395ff) Exchange

160 Stockholders Suits 355 M otor Vehicle Property Damage Act 862 Black Lung (923) 875 Customer Challenge 190 Other Contract Product Liability 385 Property Damage 720 Labor/M gmt. Relations 863 DIW C/DIW W (405(g)) 12 USC 3410 195 Contract Product Liability 360 Other Personal Product Liability 730 Labor/M gmt.Reporting 864 SSID Title XVI 890 Other Statutory Actions 196 Franchise Injury & Disclosure Act 865 RSI (405(g)) 891 Agricultural Acts

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 740 Railway Labor Act FEDERAL TAX SUITS 892 Econom ic Stabilization Act 210 Land Condemnation 441 Voting 510 M otions to Vacate 790 Other Labor Litigation 870 Taxes (U.S. Plaintiff 893 Environmental M atters 220 Foreclosure X 442 Em ployment Sentence 791 Empl. Ret. Inc. or Defendant) 894 Energy Allocation Act 230 Rent Lease & Ejectment 443 Housing/ Habeas Corpus: Security Act 871 IRS Third Party 895 Freedom of Information 240 Torts to Land Accommodations 530 General 26 USC 7609 Act 245 Tort Product Liability 444 W elfare 535 Death Penalty IM M IG RA TIO N 900Appeal of Fee Determination 290 All Other Real Property 445 Amer. w/Disabilities - 540 M andamus & Other 462 Naturalization Application Under Equal Access

Em ployment 550 Civil Rights 463 Habeas Corpus - to Justice 446 Amer. w/Disabilities - 555 Prison Condition Alien Detainee 950 Constitutionality of

Other 465 Other Immigration State Statutes 440 Other Civil Rights Actions

V. ORIGINTransferred fromanother district(specify)

Appeal to DistrictJudge fromMagistrateJudgment

(Place an X in One Box Only)X 1 Original

Proceeding 2 Removed from

State Court 3 Remanded from

Appellate Court 4 Reinstated or

Reopened 5 6 Multidistrict

Litigation 7

VI. CAUSE OF ACTION

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):McClanahan v. Remington Freight Lines, 517 N.E. 2d 390 (1988), 28 USC 1332Brief description of cause:Plaintiff alleges discrimination in employment

VII. REQUESTED IN COM PLAINT:

CHECK IF THIS IS A CLASS ACTIONUNDER F.R.C.P. 23

DEMAND $ CHECK YES only if demanded in complaint:JURY DEMAND: X Yes No

VIII. RELATED CASE(S) IF ANY (See instructions): JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORDMay 19, 2014 s/ John H. HaskinFOR OFFICE USE ONLY

RECEIPT # AM OUNT APPLYING IFP JUDGE M AG. JUDGE

case 3:14-cv-01555-WCL-JEM document 1-1 filed 05/19/14 page 1 of 2

JS 44 Reverse (Rev. 12/07)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as requiredby law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for theuse of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civilcomplaint filed. The attorney filing a case should complete the form as follows:I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, useonly the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official,giving both name and title.

(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at thetime of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnationcases, the county of residence of the defendant is the location of the tract of land involved.)

Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, notingin this section (see attachment). II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an X in oneof the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an X in this box.Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to theConstitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box1 or 2 should be marked.Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship ofthe different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this sectionfor each principal party.IV. Nature of Suit. Place an X in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, issufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature ofsuit, select the most definitive.V. Origin. Place an X in one of the seven boxes.Original Proceedings. (1) Cases which originate in the United States district courts.Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petitionfor removal is granted, check this box.Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrictlitigation transfers.Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When thisbox is checked, do not check (5) above.Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judges decision.VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutesunless diversity. Example: U.S. Civil Statute: 47 USC 553

Brief Description: Unauthorized reception of cable serviceVII. Requested in Complaint. Class Action. Place an X in this box if you are filing a class action under Rule 23, F.R.Cv.P.Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbersand the corresponding judge names for such cases.Date and Attorney Signature. Date and sign the civil cover sheet.


AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURTfor the

Northern District of Indiana

TAIMI FERNANDEZ-GUILLOT )))))))

Plaintiff

v. Civil Action No. 3:14-cv-1555

CRANE CO., et al.Defendant

SUMMONS IN A CIVIL ACTION

To: (Defendants name and address)CRANE CO., a Delaware Corp.c/o C.T. Corporation System150 West Market Street, Suite 800 Indianapolis, IN 46204

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60days if you are the United States or a United States agency, or an officer or employee of the United Statesdescribed in Fed. R. Civ. P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attachedcomplaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must beserved on the plaintiff or plaintiffs attorney, whose name and address are:John H. Haskin / Raymond J. Hafsten, Jr. / Bradley L. WilsonJOHN H. HASKIN & ASSOCIATES255 North Alabama Street, 2 FloorndIndianapolis, IN 46204

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date:Signature of Clerk or Deputy Clerk


AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)was received by me on (date) .

I personally served the summons on the individual at (place)on (date) ; or

I left the summons at the individuals residence or usual place of abode with(name), a person of suitable age and discretion who resides there,

on (date) , and mailed a copy to the individuals last known address; or

I served the summons on (name of individual) , who is designated by law to accept service of process on behalf of (name of organization)

on (date) ; or

I returned the summons unexecuted because ; or

Other (specify):.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc:






Plaintiffv. Civil Action No. 3:14-cv-1555

CRANE CO., et al.Defendant


To: (Defendants name and address)CRANE COMPOSITES an operating Division or groupc/o C.T. Corporation System150 West Market Street, Suite 800 Indianapolis, IN 46204


Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,whose name and address are:John H. Haskin / Raymond J. Hafsten, Jr. / Bradley L. WilsonJOHN H. HASKIN & ASSOCIATES255 North Alabama Street, 2 FloorndIndianapolis, IN 46204


CLERK OF COURT




Civil Action No.







on (date) ; or


Other (specify):.





Servers address







Plaintiff

v. Civil Action No. 3:14-cv-1555CRANE CO., et al.

Defendant


To: (Defendants name and address)CRANE COMPOSITES, INC. c/o C.T. Corporation System150 West Market Street, Suite 800 Indianapolis, IN 46204


Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,whose name and address are:John H. Haskin / Raymond J. Hafsten, Jr. / Bradley L. WilsonJOHN H. HASKIN & ASSOCIATES255 North Alabama Street, 2 FloorndIndianapolis, IN 46204


CLERK OF COURT




Civil Action No.







on (date) ; or


Other (specify):.





Servers address



ex-crane composites worker's federal lawsuit

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