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PENNSYLVANIA RECORD

Friday, March 29, 2024

Hatboro man accuses janitorial company of constructive termination

Law money 06

PHILADELPHIA — A field operations manager is suing ABM Janitorial Services, a former employer, citing alleged violation of the Family and Medical Leave Act and violation of wage laws.

Martin Campfield of Hatboro filed a complaint on April 19 in the U.S. District Court for the Eastern District of Pennsylvania against ABM Janitorial Services alleging that the former employer violated the Fair Labor Standards Act and the Pennsylvania Minimum Wage Act.

According to the complaint, the plaintiff alleges that starting in July 2014, he routinely worked from 50-60 hours per week but he did not receive any compensation for worked performed in excess of 40 hours per workweek. On February 24, 2015, his wife fell into coma, according to the suit, which adds that due to his wife's health conditions, he was required to take some days off. He was transferred to a location about 1.5 hours from his home, was compensated at a reduced rate of pay and was not allowed to use a company service vehicle, the suit says, adding that he was forced to reject the new offer, and as such, his employment was terminated.

The plaintiff holds ABM Janitorial Services responsible because the defendant allegedly misclassified him as an exempt employee, failed to pay him overtime premium, interfered with right to protected family leave and constructively terminated his employment in retaliation for exercising his rights.

The plaintiff requests a trial by jury and seeks judgment against the defendant to the level of the maximum relief allowed by law, compensation for all unpaid wages, liquidated damages, attorney's fees, and costs, pre- and post-judgment interest and such other relief as is just and equitable. He is represented by Michael Patrick Murphy Jr. of Murphy Law Group, LLC in Philadelphia.

U.S. District Court for the Eastern District of Pennsylvania Case number 2:16-cv-01858

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