In a recent legal filing, a former employee has taken legal action against his previous employers for alleged breach of contract and violations of labor laws. The complaint was filed by Joshua Franklin in the District Court of Harris County, Texas, on December 5, 2024, targeting Access Restoration Services US, Inc., Global Estimating Services, Inc., and three individual defendants.
Joshua Franklin's lawsuit accuses Access Restoration Services US, Inc. (ARS), Global Estimating Services, Inc. (GES), Autumn K. Garibay, Nathan Normoyle, and Michael Needham of multiple violations including breach of contract and overtime violations under the Fair Labor Standards Act (FLSA). Franklin claims that while employed as a Field Inspector for GES from May 2022 to April 2023, he was promised substantial bonuses that were never paid. Additionally, he alleges that he worked overtime hours without receiving appropriate compensation as mandated by FLSA.
The complaint outlines that both ARS and GES were involved in disaster remediation services and engaged in joint operations with shared resources and management personnel. According to Franklin's allegations, these companies were intertwined to such an extent that GES acted as an alter ego for ARS. This relationship allegedly facilitated fraudulent activities related to inflated property damage estimates intended to defraud insurers following natural disasters like Hurricane Ian.
Franklin's suit seeks monetary relief amounting to $250,000 or less for unpaid bonuses and overtime wages. He also requests additional damages including statutory penalties under FLSA provisions due to what he describes as willful violations by the defendants. Furthermore, Franklin demands compensatory damages for breach of contract alongside punitive damages due to alleged tortious interference by ARS in his contractual relationship with GES.
Representing Joshua Franklin is attorney Kerry V. O'Brien from O'Brien Law Firm PC based in Austin, Texas. The case is presided over by Judge Talasha Bradford in the 61st District Court under Case ID 2024-85014.