Motion for Writ in Steven Franklin v. The Doe Fund Inc., John Mcdonald| Trellis.Law

On June 11, 2024 a Summons was filed involving a dispute between Steven Franklin, and John Mcdonald, The Doe Fund Inc., for Commercial - Other (NY Labor Law unpaid wage) in the District Court of New York County.

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FILED: NEW YORK COUNTY CLERK 06/11/2024 04:02 PM INDEX NO. 652954/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------------------X
Steven Franklin,
Plaintiff, INDEX NO.:
-against-
SUMMONS
The Doe Fund Inc. and John Mcdonald
Defendants.
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To the Person(s) Named as Defendant(s) Above:

PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED to answer the complaint of
the plaintiff herein and to serve a copy of your answer on the plaintiff at the address indicated
below within 20 days after the service of this Summons (not counting the day of service itself), or
within 30 days after service is complete if the Summons is not delivered personally to you within
the State of New York.

YOU ARE HEREBY NOTIFIED THAT should you fail to answer, a judgment will be entered
against you by default for the relief demanded in the complaint.

Venue: Plaintiff designates New York County as the place of trial because a substantial part of the
events giving rise to the claim occurred in therein.

Dated: White Plains, New York
June 11, 2024
El-Hag & Associates, P.C

By: ____________________
Jordan El-Hag, Esq.
777 Westchester Ave., Suite 101
White Plains, N.Y 10604
(914) 218-6190 (c)
(914) 206-4176 (f)
Jordan@Elhaglaw.com

THE DOE FUND INC JOHN MCDONALD
89 Porter Avenue, 345 E. 102nd Street, Suite 305,
Brooklyn, NY 11237. New York, NY 10029.

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------------------------X
Steven Franklin,
Plaintiff,
-against-
COMPLAINT
The Doe Fund Inc. and John Mcdonald
Defendants.
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JURISDICTION AND VENUE

1. Jurisdictional Statute: New York Labor Labor (“NYLL”).

2. Basis for venue: A substantial part of the events or omissions giving rise to the claim
occurred in New York county.

THE PARTIES

3. Plaintiff Steven Franklin resides at 89 Porter Avenue, Brooklyn, NY 11237.
4. On information and belief, The Due Fund Inc. (“TDF”) is a business located at 89 Porter
Avenue, Brooklyn, NY 11237.

5. On information and relief, John Mcdonald (“Mcdonald”) is the executive Vice President of
the Due Fund Inc, with his main office at 345 E. 102nd Street, Suite 305, New York, NY
10029.

6. During any period of time whatsoever during the six years immediately preceding the filing of
this Complaint, TDF performed one or more of the following actions: (1) hire the Plaintiff,
(2) terminate the employment of the Plaintiff, (3) set the wage rate of Plaintiff, (4) maintain
payroll records concerning the Plaintiff, or (5) institute work rules for the Plaintiff.

BACKGROUND FACTS.

PLAINTIFF FRANKLIN

7. The Defendants hired Plaintiff in or around early March 2022.

8. Plaintiff stopped working for the Defendants around late January 2024.

9. Defendants employed Plaintiff as a trainee. The Plaintiff was assigned to work for the East
Mid-Town Partnership.

10. Plaintiff’s job duties included performing various duties, such as cleaning the streets.

11. Plaintiff worked for the Defendants in the 2024 calendar year.

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12. Plaintiff worked for the Defendants in the 2023 calendar year.

13. Plaintiff worked for the Defendants in the 2022 calendar year.

14. Plaintiff regularly worked approximately 40 hours per week.

15. Plaintiff’s general work schedule was Monday to Friday, from 11:30 AM to 7:30 PM.

16. Around late December 2023, Plaintiff’s schedule was modified to Tuesday to Friday from
11:30 AM to 7:30 PM and Saturday from 6:30 AM to 2:30 PM.

17. Defendants paid Plaintiff hourly.

18. Defendants paid Plaintiff weekly.

19. Plaintiff never had the power to hire or fire employees, control employee work hours, or
otherwise control other employee work conditions.

Unlawful Deductions Facts

20. The Doe Fund, Inc. is a 501(c)(3) not-for-profit organization that assists homeless and
formelery incarcerated men to rebuild their lives.

21. One of the Doe Fund programs is the “Ready, willing & able”, which provides individuals
with housing and paid work.

22. Plaintiff was enrolled in the Ready, willing & able program.

23. During the course of the program, Plaintiff would perform work as directed by the Doe Fund
and the Doe Fund would in turn issue a check from the Doe Fund to compensate Plaintiff
for the work he performed.

24. However, the Defendants unlawfully deducted wages from Plaintiff’s paycheck & misclassified
him as a 1099 independent contractor.

25. Plaintiff was not an independent contractor.

26. The Doe Fund provided Plaintiff with a uniform with the Doe Fund logo and name.

27. Plaintiff held out to the public while performing work that he was performing work as part of
the Doe Fund.

28. Plaintiff was not in the business of offering services to other organizations such as the Doe
Fund or any other organizations whatsoever. He was exclusively working for the Doe Fund.

29. The Doe Fund provided Plaintiff with all of the tools and resources to perform the work.

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30. The Doe Fund told Plaintiff what work to perform.

31. The Doe Fund controlled Plaintiff’s work schedule.

32. Plaintiff was not free to hire other individuals to perform the work he was told to complete
by the Doe Fund.

33. Plaintiff had no financial risk of loss if the Doe Fund did not provide its services to the public
at large. Only the Doe Fund itself was responsible for fulfilling its contractual obligations to
third parties.

34. From the first payment Plaintiff received from the Doe Fund, the Defendants deducted
between $24 and $35.00 per week from his pay labeled as a “savings deduction”. The
Defendants never told Plaintiff the purpose of the deduction.

35. The Defendants also deducted an extra $165.00 from Plaintiff's weekly paychecks. This
deduction was labeled as a “Bed fee.”

36. Plaintiff did not authorize the bed fee deduction.

37. The Does fund was audited by a New York State Government agency ("NYSA") several
months after Plaintiff began working. On information and belief, the NYSA told the
Defendants to stop deducting the Bed Fee because New York State already paid the Doe Fund
for client housing.

38. Despite the NYSA instructions, the Defendants did not stop making the deduction. Instead,
the Defendants rebranded the deduction as a professional service fee for housing and food
expenses.

39. Defendants committed these unlawful deductions throughout Plaintiff’s whole tenure of
employment.

Failure to Provide Paystubs

40. The Defendants failed to provide Plaintiff with an accurate statement of wages with each
payment of wages that set forth Plaintiff’s hours worked, rates of pay, gross wages, credits
claimed (for tips, meals and lodging) if any, deductions and net wages.

Failure to provide wage notice.

41. Within ten (10) days of Plaintiff’s first day of work, Defendant failed to provide Plaintiff with
a written notice containing the following information:

i. whether paid by the hour, shift, day, week, salary, piece, commission or other
allowances, if any, claimed as part of the minimum wage, including tip, meal, or
lodging allowances;

ii. the regular pay designated by the employer in accordance with NYLL §191;

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iii. the name of the employer;

iv. Any “doing business as” names used by the employer;

v. The physical address of the employer’s main office or principal place of business,
and a mailing address, if different;

vi. The telephone number of the employer.

FIRST CAUSE OF ACTION
(Failure to pay wages)
NY Lab. Law §191

42. All allegations are hereby repeated, re-alleged and reincorporated as though fully set forth
herein.

43. Under NY Lab. Law §191, an employer is required to pay an employee within the statutory
time frames outlined in the statute.

44. Defendants failed to pay the Plaintiff wages as required by NYLL §191 by not paying wages
within the statutory time-period.

45. Because of Defendants' unlawful withholding of wages, Plaintiff suffered harm.

SECOND CAUSE OF ACTION
(Unlawful Wage Deductions)
NY Lab. Law §193

46. All allegations are hereby repeated, re-alleged, and reincorporated as though fully set forth
herein.

47. Under NY Lab. Law §193, an employer is prohibited from making any deduction from an
employee’s wages unless authorized by statute.

48. As set forth herein, Defendants made wage deductions from the Plaintiff’s wages that were
not permitted under the statute.

49. Because of Defendants' unlawful withholding of wages, Plaintiff suffered harm.

THIRD CAUSE OF ACTION
(Failure to provide wage notices)
(NY Lab. Law §198(1-b) & NY Lab. Law §198(1-d))

50. All allegations are hereby repeated, re-alleged, and reincorporated as though fully set forth
herein.

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51. Pursuant to the Wage Theft Prevention Act, New York Labor Law, §195, Defendants willfully
failed to furnish Plaintiff with a required notice containing the following information:

i. the rates or rates of pay and basis thereof,

ii. whether paid by the hour, shift, day, week, salary, piece, commission or other
allowances, if any, claimed as part of the minimum wage, including tip, meal, or
lodging allowances;

iii. the regular pay designated by the employer in accordance with NYLL §191;

iv. the name of the employer;

v. Any “doing business as” names used by the employer;

vi. The physical address of the employer’s main office or principal place of
business, and a mailing address, if different;

vii. The telephone number of the employer

52. Defendants willfully failed to furnish Plaintiff with an accurate statement of wages as required
by NYLL §195(3), containing the dates of work covered by that payment of wages; name of
the employee; name of the employer; address and phone number of employer; rate or rates of
pay and basis thereof; whether paid by hour, shift, day, week, salary, piece, commission, or
other; gross wages; hour rate or rates of pay, and overtime rates of pay; the number of hours
worked, including over time hours; deductions, allowances, and net wages.

53. Due to Defendants' violation of NYLL §195(1), Plaintiff is entitled to recover from
Defendants, liquidated damages of $50 per each workday that the violation occurred, up to a
maximum of $5,000, reasonable attorney fees, and costs and disbursements of this action,
pursuant to NYLL § 198(1-b).

54. Defendants failed to provide Plaintiff an accurate statement with each payment of wages that
sets forth Plaintiff’s hours worked, rates of pay, gross wages, credits claimed (for tips, meals
and lodging) if any, deductions, and net wages.

55. Due to Defendants violation of NYLL §195(3), Plaintiff is entitled to recover from Defedants
liquidated damages of $250 per each workday that the violation occurred, up to a maximum
of $5,000, reasonable attorney fees, and costs and disbursements of this action, pursuant to
NYLL § 198(1-d).

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FILED: NEW YORK COUNTY CLERK 06/11/2024 04:02 PM INDEX NO. 652954/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2024

PRAYER FOR RELIEF

WHEREFORE, Plaintiff seeks all available remedies available under all causes
of action listed herein this Complaint, and any and all of remedies that the Court deems just and
proper.

Dated: White Plains, New York
June 11, 2024

EL-HAG & ASSOCIATES, P.C

Jordan El-Hag, Esq.
777 Westchester Ave, Suite 101
White Plains, N.Y, 10604
(914) 218-6190 (p)
(914) 206-4176 (f)
Jordan@elhaglaw.com
www.elhaglaw.com

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Summons: Steven Franklin v. The Doe Fund Inc., John Mcdonald

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