Articles Posted in Wrongful Termination

A Pinellas County woman is suing a Clearwater company, alleging age and disability discrimination. Whittel & Melton is pursuing the case on behalf of the woman.

The woman filed a complaint Nov. 16 in  Pinellas County Circuit Court against Professional Media Group LLC, alleging that the employer violated the Florida Civil Rights Act.

According to the complaint, on July 10, 2016, the woman was injured and admitted to a hospital for surgery. The suit says although the woman received permanent metal screws in her leg she informed her supervisor that she would be ready to return to work.

The woman was illegally terminated from employment July 21, 2016, because of her disability/handicap and age – she is 64. As a result, the woman has suffered damages for lost wages, benefits and emotional distress.

The business unlawfully discriminated against her and illegally terminated her employment for having a disability.

Discrimination can take on many forms. When you are discriminated against at work because of your age or disability, you need to work with a Pinellas County Discrimination Lawyer at Whittel & Melton who can protect your rights.

Age discrimination revolves around the concept that an older person may not be able to do something as well as a younger person. If you are over the age of 40 and are being treated differently than your co-workers, you may be able to file a discrimination claim. The older you are, the stronger an age discrimination argument becomes.

Some disabilities are obvious, but some are not immediately apparent. Regardless of the type of disability, it is important to speak with your HR department to ensure you have a strong case. Most companies require individuals with disabilities to go through HR before anything else. When you contact Whittel & Melton, we can help you work through your options with the Equal Employment Opportunity Commission (EEOC)  to make sure your rights as an employee are protected.

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A former employee is suing an Orlando restaurant supply and equipment company, alleging religious discrimination.

The man filed a complaint Dec. 1 in Orange County Circuit Court against the company, alleging he was fired without warning.

According to the complaint, in July 2015, the man, a devout Muslim who had worked for the company since 1996, suffered economic losses after his employment was suddenly terminated. The suit says this includes loss of wages, increased pay, retirement benefits and other benefits.

The man says the company denied his request to observe the traditional Muslim religious holiday of Eid al-Fitr as a paid vacation and then terminated his employment.

The man alleges the company denied his right to observe a traditional religious holiday and terminated him as retaliation and without valid reason.

If you have been denied employment, fired, harassed or otherwise harmed in your employment because of your religion, your religious beliefs and practices, or simply because your employer failed to comply with your reasonable request for a convenient accommodation of your religious beliefs and practices, you very well could be the victim of religious discrimination. Sadly, this is a quite common occurrence throughout workplaces across the country.

The law is very clear in stating that employers cannot discriminate against employees based on their religion. This means that employers may not treat employees or job applicants differently because of their religious beliefs and practices or lack thereof. Moreover, employers must reasonably accommodate the needs of employees in the workplace to practice their faiths.

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A former employee is suing WaWa, alleging disability discrimination, discrimination, retaliation and wrongful termination.

The man filed a complaint Nov. 29 in Pinellas Circuit Court against WaWa Inc., alleging the company fired him for wearing a back brace.

According to the complaint, the man has a history of chronic back problems that require him to wear a back brace. The man says he worked for a WaWa in Clearwater until his dismissal in 2016, allegedly for unexplained absences.

The suit says the man has suffered and will continue to suffer from mental anguish and emotional distress, loss of earnings and other employment benefits and job opportunities, as a result of WaWa’s willful and intentional discrimination and wrongful termination.

The man alleges WaWa failed its duty to eliminate discrimination from the workplace, failed to adequately supervise, control, discipline and/or otherwise penalize discriminatory practices, and discharged the man in retaliation for his filing and attempting to file a valid worker’s compensation claim.

The man seeks trial by jury, compensatory and punitive damages between $15,000 and $75,000, interest, court costs and other relief.

If you believe that you have been the victim of employment discrimination because of a physical or mental disability, our Florida Discrimination Lawyers at Whittel & Melton may be able to help. The passage of the Americans with Disabilities Act of 1990 (the ADA) added disabled persons to the class of people protected against employment discrimination. The ADA defines employment to include recruitment, hiring, promotions, training, pay, and social activities.

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An Orlando employee is suing a transportation company, alleging retaliation and wrongful termination.

The woman filed a complaint Nov. 6 in Orange County Circuit Court against the company, alleging violation of the coercion statute.

According to the complaint, the woman began working for the company on Jan. 18. She says on June 25, she was grabbed on the arm by another driver from a company that contracted with the company. The suit says the other driver began scolding the woman.  

The woman says she reported the incident and opened a worker’s compensation claim. After the report, the suit says, the woman’s supervisors changed their behavior toward her, followed by a change in her schedule to a shift she was unable to work. As a result, she was forced to resign June 29 because no shifts were available.

The woman claims the company failed to protect employees from any harm during employment, failed to investigate the incident claim filed under Workers Compensation claim and forced an employee to resign without valid reason.

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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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