Articles Posted in Wrongful Termination

A former employee is suing Fields Motorcars of Florida Inc. for alleged age discrimination and wrongful termination.

The man filed a complaint on June 27 in the Orange County Circuit Court, alleging that Fields Motorcars of Florida Inc. breached its duty of good faith and fair dealing.

According to the complaint, the man alleges that he suffered economic damages on Jan. 26, 2016 as a result of being terminated from his employment. He was allegedly fired due to a single complaint from a customer about his driving.

The man holds Fields Motorcars of Florida Inc. responsible for allegedly acting with malice and reckless disregard for his protected rights, and for allegedly terminated him in bad faith without reasonable grounds.

State and federal laws are set in place to prevent employers from discriminating against individuals or treating them unfairly in the workplace based on factors such as age, gender, race, national origin, and religion. Florida law is quite clear: mistreating workers is unfair and any type of discrimination is illegal. Employers who mistreat their workers can be subjected to various civil and sometimes even criminal punishments.

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A jury has awarded $4.5 million to a former employee who sued an Iowa hospital for age bias and retaliation.

The jury’s July 24 decision came after a 10-day trial of Grinnell Regional Medical Center and two administrators. The lawsuit states that the hospital fired the man in June 2015 from his post as lab director while in remission from breast cancer and hired a younger replacement.

It is believed that the man was targeted because he’d declined an order to retire following his initial diagnosis in November 2013.

The hospital’s attorneys deny the firing and subsequent hiring of a new director had anything to do with the man’s age or cancer diagnosis. A hospital spokeswoman says the hospital intends to appeal.

Discrimination in the workplace is not only unfair, but also illegal. There are several different federal laws that offer protection from discrimination based on disability, race, color, religion, sex, or national origin. Age discrimination has its own unique set of laws called the Age Discrimination in Employment Act (ADEA). Job applicants and employees who are over the age of 40 are usually covered by the ADEA.

Under the ADEA, it is unlawful to discriminate against a person over 40 because of their age when it comes to:  

  • hiring
  • firing
  • promotion
  • layoff
  • compensation
  • benefits
  • job assignments
  • training

Moreover, employees who speak out against age discrimination have legal protection from retaliation.

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Baylor University is requesting a lawsuit filed by a former employee who was fired amid a student’s sexual assault controversy to be thrown out.

The private Christian college filed the motion for the dismissal of the plaintiff’s Title IX lawsuit against the school on March 27 in the Waco Division of the Western District of Texas.

The plaintiff is Baylor’s former assistant vice president for student financial aid. She was fired after reinstating a student’s scholarship after he was kicked off the football team following a sexual assault accusation. According to court documents, she claims she was fired in retaliation for reinstating his scholarship.

The student in the case had failed to mention on his college application that he had been involved in an alleged sexual harassment case at his previous university. In May 2016, an alleged victim had reported him to a Baylor police officer for sexual assault, although he claimed the sexual acts were consensual.

The athletic department, the Office of General Counsel and a faculty athletic representative then decided to release him from the team. His scholarship was rescinded, and he was advised to appeal the rescission.

Baylor states in court documents that the woman’s lawsuit needs to be thrown out because her story is “pure fiction.” Her complaint is based on Baylor supposedly violating Title IX, which prohibits recipients of federal education funding from retaliating against a person who spoke against sex discrimination. But Baylor says reinstating a scholarship is not a form of “speaking out.”

The university states that although the woman has no personal knowledge of the player’s alleged sexual assault incident, she portrays the former student as innocent of his accusations. Baylor also says the woman is wrong about its senior vice president and chief operating officer being involved in the dismissal of both her and the student and has presented no facts to prove otherwise.

The woman chaired a committee that decided on reinstating the student’s scholarship. The hearing did not rely on the sexual assault case since it was still under investigation. Instead, the appeal hearing relied on his withholding of information on his application.

It was determined that he was not dishonest about his previous case, so he was granted the opportunity to continue attending Baylor on a full scholarship, although he did not return.

The woman, who had held her position at Baylor since December 2014, alleged that soon after reinstating the player’s scholarship, her supervisor started criticizing her work performance. On Sept. 29, she put the woman on a 30-day performance improvement plan. A month later, she was informed she was fired.

The plaintiff claims that the Senior Vice President and Chief Operating Officer at Baylor became angry with her for granting the student his scholarship, and that her work performance had not been put into question up until that point.

Baylor has been sued by 14 women under Title IX since May. The school has settled with three women who claimed they were sexually assaulted by Baylor football players.

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A Miami-Dade County employer that sells SIM cards for cellphones is accused of terminating an employee in retaliation for his complaints about not receiving overtime pay.

The man filed a complaint on behalf of similarly situated individuals on March 9 in the U.S. District Court for the Southern District of Florida.

According to the complaint, the man alleges that he began working for the company to sell SIM cards in November 2015 and was unlawfully terminated in December 2016. He holds the company responsible because they allegedly terminated his employment in retaliation to his complaints about not being paid any overtime wages. He also alleges he was not paid commissions as promised.

Employees are commonly hesitant to report unlawful conduct in the workplace, including wage and hour violations. Many fear that if they take any such action, they will be fired or suffer other consequences.

Retaliation is defined as “an adverse action taken against a covered individual because he or she engaged in a protected activity.” Employer retaliation can take many forms and can include the following:

  • Termination
  • Denied Promotion
  • Demotion
  • Reduction in compensation
  • Reduction in hours
  • Unwarranted discipline

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A Broward County man says his former employer did not pay for all of the overtime hours he worked as an insulation installer.

The man filed a complaint on Feb. 28. According to his complaint, between July 2014 and March 2017, he worked for more than 40 hours per week. He says the company failed to pay him any overtime premiums at a rate of time-and-one-half for working more than 40 hours per week. He added that he was terminated in retaliation for complaining about the practice.

No one wants to be duped out of their rightfully earned wages. As an employee, you work hard for your wages and expect that your employer will pay you any and all wages you are owed, including overtime pay.

If you know you earned overtime pay, but were denied overtime wages by your employer, you need to enlist the help of an Unpaid Overtime Lawyer at Whittel & Melton as soon as possible. We cannot stress enough how important it is to act fast in these cases. The longer you wait, the greater the risk of being unable to file a legitimate claim against your employer for unpaid wages.

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A Philadelphia man is suing his former employer, Hampton Inn – Pine Grove, alleging discrimination, retaliation, unpaid wages, violation of Workers’ Compensation acts and wrongful termination.

The man filed a complaint on Jan. 30 alleging that the employer discharged him from employment for raising a concern about a company policy.

According to the complaint, the man suffered damages from being required to report to work earlier than his scheduled shift without being paid for those hours. He holds his former employer responsible because they retaliated against him by terminating his employment.

Florida is an at-will employment state, which means employers can fire workers for any reason except those that are based on discrimination or in violation of an employment contract. Just because Florida is an at-will employment state does not mean workers do not have rights. In fact, if you were fired for unlawful or illegal reasons, you may be able to take action against your employer.

Our Florida Wrongful Termination Lawyers at Whittel & Melton can start helping you right away. We can review your claim and determine if your employer violated your rights in any way. If you were wrongfully terminated, we will make it our mission to hold your employer accountable.

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A man says he was terminated in retaliation by a Miami-Dade County business because of a lawsuit that was filed by two other employees.

The man filed a complaint on Jan. 16 in the U.S. District Court for the Southern District of Florida citing the Fair Labor Standards Act.

According to the complaint, the man alleges he was hired by the company to film and edit video taken during seminars and procedures in November 2012. He goes on to claim that he was terminated on Nov. 18, 2016, without reason, and that he was never paid overtime pay for work that exceeded 40 hours per week.

The man holds the Miami-Dade County business responsible because they terminated his employment because of his association with two other employees that filed a lawsuit against the defendants alleging wage violations.

He is seeking actual damages, unpaid overtime compensation, liquidated damages, all legal fees and any other relief as the court deems just.

If you have been fired without reason, it is only natural that you seek justification and perhaps feel inclined to sue for wrongful termination. In some states, like New Jersey and California, employers must have cause to fire you. However, this is not the case in Florida. Florida is an at-will state, meaning that an employer may fire, demote, hire, promote and discipline employees for pretty much any reason, or they may have no reason at all.

Most employees have some type of inkling as to why they were fired. If you brought up not being paid overtime or made a wage claim against your employer and were fired a week later, that is a good indication that you were fired in retaliation for making a claim.

The best course of action when terminated, especially when you believe there was no cause, is to let our Florida Wrongful Termination Lawyers at Whittel & Melton discuss your options with you. We can investigate into your claims and help you understand the best course of action.

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A Broward County man alleges a Plantation restaurant only paid his regular wage rate for overtime hours and that he was retaliated against for complaining about the pay practices.

The man filed a complaint on behalf of himself and other similarly situated individuals on Jan. 4 in the U.S. District Court for the Southern District of Florida.

According to the complaint, the man claims that on Nov. 10, 2016, his work hours were reduced and he was subsequently terminated by the company in retaliation for his demand to be adequately paid overtime wages for hours worked in excess of 40. The man holds the company accountable because they allegedly failed to pay plaintiff for overtime compensation at the correct rate and failed to maintain proper time records of all hours worked.

He is seeking actual damages for unpaid overtime wages, interest, double/liquidated damages, attorneys’ fees, costs of suit, and further relief as the court deems just.

If you have recently been fired and believe that you have grounds for a wrongful termination lawsuit, our Florida Wrongful Termination Lawyers at Whittel & Melton can help. We are committed to getting justice for our clients, which is why we will launch an immediate investigation into your claims to determine if you have a valid claim. We know how unfair it can be to lose your job due to retaliation or discrimination, which is why we will fight for your rights and make sure we do everything in our power to help you achieve a successful outcome for the injustice you have suffered.

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