Private Sector Florida Whistleblower Act Amended Complaint.

Case 8:10-cv-02003-RAL-TGW Document 7-1 Filed 11/02/10 Page 16 of 25 PageID 168
Plaintiff for securing the above referenced defective product samples in his locker which he
offered as proof of Defendant’s noncompliant operations and admonished him to cease similar
evidence collection without management approval.
60. On July 17, 2008, GORDON refused Plaintiff adequate training to perform his
duties on the OcuCoat® line.
61. On July 18, 2008, Plaintiff was issued a written warning for lack of collaboration
and credibility.
62. On October 25, 2008, Plaintiff’s position was posted on-line as an open job
position.
63. On November 4, 2008, Defendant again denied Plaintiff requested training.
64. On November 5, 2008, the Defendant issued the Plaintiff a written warning for
making copies from a batch folder documenting the above referenced glass
contamination/adulteration and providing those copies to his legal counsel. Defendant refused to
provide the Plaintiff with a copy of the warning. CALLEJAS informed the Plaintiff that
Defendant would be investigating the issue while the Plaintiff was absent on vacation and unable
to effectively participate in said investigation.
65. On November 11, 2008, Defendant terminated Plaintiff, on the stated grounds of
insubordination for Plaintiff’s “refus[al] to perform his duties as requested…”
VIII. CLAIMS FOR RELIEF
FIRST CLAIM FOR RELIEF: VIOLATION OF THE FLORIDA CIVIL RIGHTS ACT
COUNT I – FCRA (National Origin)
66. Plaintiff realleges and incorporates by reference Paragraphs 1 through 65, as
though set forth herein verbatim.
First Amended Complaint, page 16