District Judge Frank P. Geraci, Jr.

 

Read Full- Text Decision

Transporter Hazmat Envtl. Grp. Inc. paid its drivers by the hour or mile. A trip exceeding 100 miles is a “mileage run” for which the driver is paid $0.49 per mile plus $35 each for loading and unloading. For lesser trips, drivers are paid only $17.25 hourly. Hopkins, an “older” transgender woman, accepted employment with Hazmat, and ceased her existing business, in reliance on manager Weston’s false statements she would be hired for a “mileage run” between Buffalo and Ashtabula, Ohio, earning $1000 to $1200 weekly. Hopkins was assigned to a less desirable, hourly paid run to an Ontario steel mill. From 2012 to 2014 her salary decreased while other Hazmat drivers received a $2 hourly raise. Hopkins’ complaint against former employer Hazmat alleged 11 causes of action. Her intentional infliction of emotional distress claim was dismissed as time barred. However, the court held Hopkins stated a claim for fraudulent inducement under New York law as set out in Braddock v. Braddock, 871 N.Y.S. 2d 68. As was the case in Braddock, Stewart v. Jackson & Nash, 976 F. 2d 86, and Laduzinski v. Alvarez & Marsal Taxand LLC, 16 N.Y.S.3d 229, she plausibly alleged Weston and Hazmat had no intention of actually hiring her for the Ashtabula mileage run.

District Judge Frank P. Geraci , Jr.

 

Read Full- Text Decision

Transporter Hazmat Envtl. Grp. Inc. paid its drivers by the hour or mile. A trip exceeding 100 miles is a “mileage run” for which the driver is paid $0.49 per mile plus $35 each for loading and unloading. For lesser trips, drivers are paid only $17.25 hourly. Hopkins, an “older” transgender woman, accepted employment with Hazmat, and ceased her existing business, in reliance on manager Weston’s false statements she would be hired for a “mileage run” between Buffalo and Ashtabula, Ohio, earning $1000 to $1200 weekly. Hopkins was assigned to a less desirable, hourly paid run to an Ontario steel mill. From 2012 to 2014 her salary decreased while other Hazmat drivers received a $2 hourly raise. Hopkins’ complaint against former employer Hazmat alleged 11 causes of action. Her intentional infliction of emotional distress claim was dismissed as time barred. However, the court held Hopkins stated a claim for fraudulent inducement under New York law as set out in Braddock v. Braddock , 871 N.Y.S. 2d 68 . As was the case in Braddock, Stewart v. Jackson & Nash , 976 F. 2d 86 , and Laduzinski v. Alvarez & Marsal Taxand LLC , 16 N.Y.S.3d 229 , she plausibly alleged Weston and Hazmat had no intention of actually hiring her for the Ashtabula mileage run.