. -.  Sex  IBIMOF  •  Clafm Number (ltl5U!u's Use Onf:y}  Social Security Number  • • -·· u  .  Employee's Occupalion {Job Title) Vllheo lnjutyorOceupational  Oisea$e Ocwrred dri v-er  Employer's Name/Company Name Ahern Rentals Inc-Mineral Ave  Telephone  (702) 851-3701  Office Mail Address (Number and Sfreel) 1401 Mineral Ave  Las Vegas, NV 89106 M43 42  Date Employer Notified  c.j~a~ ~ It  Supervisor to \/Vhorn Injury Reported  /\J\. Cl "f,. 1'I\ MA  - ho r.9  Use additional sheet !f necessary)  ff you believe th t you have an occupational disease, \vhen did you first have knowledge of the disability a  relationship to your employment?  ils  Witnesses to the Acci nl {ff  applicable)  Nature of Injury or Occupational Disease  Place  Las Vegas,NV  Date  04/20/2018  Name of Facility  2908 Brooks Las Vegas North  Is there evidence that the Injured employee was under the inlluence of alcohol  and/or anolher eontroHed substance at !he time of the acciden!?  No D Yes {If yes, please explain)  Have you advised the pa!lenl to remain off work ftYe days or more?  "8 Yes Indicate dates: from ____ _  to  From iofonnalion {liven by t  employee, together with medicaf ~ence, can yoo directly  etmneci this injury or occupational disease as job incurred?  J!1 ~Yes D  No  Is additional medical care by a physician indicated?  Yes D No  Do you know of any previous injury or disease contributing to this condition or occupational disease  (Explain 1r yes)  Date  04/20/2018  Address  151 W Brooks Ave  City  Slate  Las Vegas  Doctor's Signature  20.  In or about May of 2006, Plaintiff was offered and accepted a position as a  truck driver for Defendants.   21.  On or about April 19, 2018, Plaintiff was injured in the course and scope of  his employment.   22.  Specifically, Plaintiff was injured while pulling a fuel hose.   23.  Plaintiffs April 19, 2018 on-the-job injury occurred through no fault of his  own.   24.  On or about April 20, 2018, Plaintiff filled out a C-4 Worker's Compensation  form. See a true and correct copy of the C-4 Worker's Compensation form attached  hereto as Exhibit II.   25.  Plaintiff was diagnosed with a lumbar strain and abdominal strain. See  Exhibit II.   26.  On or about April 24, 2019, Defendants issued Plaintiff a Safety Violation  Notice regarding the April 20, 2018 injury. See a true and correct copy of the Safety  Violation Notice attached hereto as Exhibit Ill.   27.  Such Safety Violation Notice declared that Plaintiff "caused an At Fault  Injury to himself when he sprain/strained his back and abdomen pulling a twisting fuel  hose." See Exhibit Ill.   28.  Such Safety Violation Notice declared Plaintiff would be "[a]ssessed 8  Points" due to his injury. See Exhibit Ill.   29.  Upon information and belief, Defendants declare to employees they "use[]  the point system to review Company employees ... who are involved in ... workplace  accidents."   38.  Plaintiff realleges and incorporates by this reference all the paragraphs  above in this Complaint as though fully set forth herein.   39.  Plaintiff brings this action on behalf of himself and all other similarly  situated persons as a class action under Rule 23 of the Nevada Rules of Civil Procedure.   42.  Plaintiff hereby realleges and incorporates every allegation of this  Complaint as though fully set forth herein.   43.  On or about April 19, 2018, Plaintiff was injured in the course and scope of  his employment when he was injured as a result of a work-related incident occurring  during his shift.   44.  Plaintiff filed a workers' compensation form on or about April 20, 2018.   45.  Plaintiff exercised his rights by filling out a Workers' Compensation form on  or about April 20, 2018.   46.  Plaintiff was released back to work on or about April 21, 2018 with light  restrictions.   47.  At all times relevant, Plaintiff was in compliance with Defendants' work  performance expectations.   48.  Four days after filing for Workers' Compensation, on or about April 24,  2018 Plaintiff was terminated.   49.  As a result of Plaintiffs unlawful termination, Plaintiff was damaged.   50.  Defendants terminated Plaintiff for reasons that violate Nevada's public  policy against terminating Plaintiff for pursuing and filing a Workers' Compensation claim.   51.  Defendants tortiously terminated Plaintiff for his pursuit and filing of his  lawful Workers' Compensation Claim.   52.  Defendants' proffered reasons for terminating Plaintiff were pretextual.   54.  As a proximate result of Defendants' tortious discharge of Plaintiff, Plaintiff  3  has suffered general, special, and consequential damages in an amount in excess of  4  Fifteen Thousand Dollars ($15,000.00).  5   55.  Defendants' acts and/or omissions were fraudulent, malicious, or  6  oppressive under NRS 42.005. Pursuant to NRS 42.005 Plaintiff is entitled to an award  7  of punitive damages in excess of Fifteen Thousand Dollars ($15,000.00).  8   56.  It was necessary for Plaintiff to retain the services of an attorney to file this  9  action which entitles Plaintiff to an award of reasonable attorney's fees and costs in this  10  suit.  11  18  19  20  21  22  23  24  25  26   57.  As a result of the conduct of Defendant, as set forth herein, Plaintiff has  sustained damages including, but not limited to, attorney fees and costs for the  prosecution, legal advice, and representation herein.   58.  Plaintiff was forced to retain the services of attorneys to prosecute this  matter.   59.  Plaintiff seeks recovery of his attorney fees, costs, and expenses.   60.  As described above, Defendants maintain a policy and/or practice of  assessing disciplinary points resulting in eventual termination against employees injured  in the course and scope of their employment with Defendant.   61.  As a result, Plaintiff and Nevada Class Members have been terminated by  Defendants in violation of Nevada's public policy of protecting employees who pursue  workers' compensation claims.  77.  Defendants had a duty of reasonable care to protect the Plaintiff from the  3  negligent and/or careless actions of their own agents, officers, employees, and others.  4   78.  Defendants had a duty of reasonable care not to hire individuals with a  5  propensity towards committing unlawful acts against Plaintiff.  6   79.  Defendants had a duty to adequately train and supervise their employees  7  in regards to all correct policies and procedures in regard to harassment, medical leave,  8  absence, and/or termination policies and procedures.  9   80.  Defendants knew and/or should have known that their employees had a  1 0  propensity towards committing unlawful acts.  11  18  19  20  21  22   81.  Defendants breached their duty to Plaintiff by failing to supervise, train, and  hire appropriate personnel.   82.  As a direct and proximate cause of the foregoing conduct, Plaintiff suffered  harm including loss of income and benefits, severe emotional distress including but not  limited to great mental and emotional harm, anguish, anxiety, insecurity, damage to self- esteem and self-worth, and shame and humiliation, lack or appetite, and loss of sleep  and/or anxiety.  KENNETH FANK, on behalf of himself and  all others similarly situated;  Plaintiff,  vs.  NEGLIGENT HIRING, TRAINING, SUPERVISION, AND RETENTION  (On Behalf of Plaintiff Individually)   TORTIOUS DISCHARGE PUBLIC POLICY OF PROTECTING EMPLOYEES  WHO PURSUE WORKERS' COMPENSATION CLAIMS  (On Behalf of Plaintiff and the Nevada Class)   VIOLATION OF AMERICANS WITH DISABILITIES ACT  42 U.S.C. § 12112 et seq.  (On Behalf of Plaintiff Individually)  