A class action lawsuit alleging that Go Daddy committed “wage theft”, filed by a disgruntled former call center worker, has been dismissed by an Arizona court.
While the plaintiffs have been given leave to amend their complaint, they’ve parted ways with their lawyers after a disagreement, which suggests the case may be on shaky ground.
The lead plaintiff, Toby Harris, claims he was fired after just a couple of months as a Go Daddy sales/support call center guy after he questioned why some of his commissions had been withheld.
His manager had apparently rated his work below a certain performance threshold, meaning he lost out on over $1,300 of bonuses in his first month. Harris said this was arbitrary and unfair.
He was then fired after, according to his termination letter, breaking security protocol by failing to sufficiently validate a customer’s identity. Harris said he was fired because he was a “whistleblower”.
Four other former Go Daddy employees are named plaintiffs in the class action, which alleges that by treating commissions as discretionary bonuses, Go Daddy has avoided paying its call center staff legally owed overtime wages.
But a few weeks ago, the judge in the District Court where the case is being heard dismissed the complaint (pdf) on the grounds that it did not assert enough facts to support its claims.
While the judge gave plaintiffs the opportunity to re-file the complaint, their lawyers evidently decided it was not worth it. They withdrew from the case.
Judging by a court filing the lawyers made last week (pdf), and several claims made by Harris on the gripe site NoDaddy.com, it was not an amicable split. Harris now seems to be looking for replacement attorneys to file an amended complaint before time runs out.
The thread on the NoDaddy forum devoted to the class action is extraordinary. Started in May last year, it’s grown to over 1,600 posts, the majority of which are rants written by Harris, often addressing Go Daddy CEO Bob Parsons directly and in personal terms.