Private Sector Florida Whistleblower Act Amended Complaint.
Plaintiff Ramirez. Plaintiff Ramirez.
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
Case 8:10-cv-02003-RAL-TGW Document 7-1 Filed 11/02/10 Page 17 of 25 PageID 169 67. This action is based on a violation of the Florida Statute, Chapter 760, Florida Civil Rights Act. 68. B&L, via its agents, representatives, and employees, discriminated against Plaintiff because of his national origin. 69. As a result of B&L’s unlawful employment practices, Plaintiff has been damaged. 70. WHEREFORE, the Plaintiff, respectfully prays that this Honorable Court take jurisdiction of the subject matter and parties hereto, and grant his request for trial by jury, declare that the Defendant violated the rights of Plaintiff as protected by the laws of the State of Florida, and award back pay, front pay, prejudgment interest, compensatory damages for mental anguish, emotional distress, embarrassment, humiliation, loss of enjoyment of life, loss of dignity, impairment of working ability and earning capacity and loss of reputation, reasonable attorney’s fees pursuant to Florida Statute, § 760.11 and costs, and such other relief as deemed appropriate by this Court. COUNT II – FCRA (Disability) 71. Plaintiff realleges and incorporates by reference Paragraphs 1 through 70, as though set forth herein verbatim. 72. This action is based on a violation of the Florida Statute, Chapter 760, Florida Civil Rights Act. 73. B&L, via its agents, representatives, and employees, discriminated against Plaintiff because of his disability. 74. B&L failed to provide Plaintiff a reasonable accommodation for his disability. 75. As a result of B&L’s unlawful employment practices, Plaintiff has been damaged. First Amended Complaint, page 17
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Case 8:10-cv-02003-RAL-TGW Document 7-1 Filed 11/02/10 Page 17 of 25 PageID 169<br />
67. This action is based on a violation of the <strong>Florida</strong> Statute, Chapter 760, <strong>Florida</strong><br />
Civil Rights <strong>Act</strong>.<br />
68. B&L, via its agents, representatives, and employees, discriminated against<br />
Plaintiff because of his national origin.<br />
69. As a result of B&L’s unlawful employment practices, Plaintiff has been damaged.<br />
70. WHEREFORE, the Plaintiff, respectfully prays that this Honorable Court take<br />
jurisdiction of the subject matter and parties hereto, and grant his request for trial by jury, declare<br />
that the Defendant violated the rights of Plaintiff as protected by the laws of the State of <strong>Florida</strong>,<br />
and award back pay, front pay, prejudgment interest, compensatory damages for mental anguish,<br />
emotional distress, embarrassment, humiliation, loss of enjoyment of life, loss of dignity,<br />
impairment of working ability and earning capacity and loss of reputation, reasonable attorney’s<br />
fees pursuant to <strong>Florida</strong> Statute, § 760.11 and costs, and such other relief as deemed appropriate<br />
by this Court.<br />
COUNT II – FCRA (Disability)<br />
71. Plaintiff realleges and incorporates by reference Paragraphs 1 through 70, as<br />
though set forth herein verbatim.<br />
72. This action is based on a violation of the <strong>Florida</strong> Statute, Chapter 760, <strong>Florida</strong><br />
Civil Rights <strong>Act</strong>.<br />
73. B&L, via its agents, representatives, and employees, discriminated against<br />
Plaintiff because of his disability.<br />
74. B&L failed to provide Plaintiff a reasonable accommodation for his disability.<br />
75. As a result of B&L’s unlawful employment practices, Plaintiff has been damaged.<br />
First <strong>Amended</strong> <strong>Complaint</strong>, page 17
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