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16-2022-CA-004327-XXXX-MA Div: CV-B
Filing # 154267253 E-Filed 07/28/2022 03:10:50 PM
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT
IN AND FOR DUVAL COUNTY, FLORIDA
CIVIL DIVISION
JAMES B. WRIGHT SR.,
Plaintiff,
Case No.:
Vv.
LAMPSTAND FOODS, LLC,
Defendant.
/
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff, JAMES B. WRIGHT SR., by and through undersigned counsel, brings this
action against Defendant, LAMPSTAND FOODS, LLC and in support of his claims states as
follows:
JURISDICTION AND VENUE
1 This is an action for damages in excess of $30,000, exclusive of interest, fees, and
costs, for violations of the Family and Medical Leave Act of 1993, as amended, 29 U.S.C. §
2601 et seq. (“FMLA”).
2. Venue is proper in Duval County, because all of the events giving rise to these
claims occurred in this County.
PARTIES
3. Plaintiff is a resident of Duval County, Florida, and he worked in Duval County.
4 Defendant operates a Little Caesars restaurant in Duval County.
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 07/29/2022 04:44:00 PM
GENERAL ALLEGATIONS
5 This is an action to recover damages suffered by Plaintiff while employed by
Defendant, when Defendant interfered with Plaintiff's rights under the FMLA and retaliated
against Plaintiff for exercising these same rights.
6 Plaintiff was an employee of Defendant, and he worked at least 1250 hours in the
12 months preceding he request for leave under the FMLA. UN
7
Thus, Plaintiff was an “eligible employee” within the meaning of the FMLA, 29
N \
U.S.C. § 2611(2). ~S
C
8 Defendant is an “employer” within the meaning of the FMLA, 29 U.S.C. §
2611(4). Z
9 Plaintiff has satisfied allconditions precedent, onthey have been waived.
~ ~
10 Plaintiff has retained theundersigned attorneys and agreed to pay them a fee.
il Plaintiff requests ajury trial for’all issues sotriable.
\
vZ FACTS |
12. Plaintiff began working forDefendant on or around July 2019.
BV In of around June 2021, Plaintiff requested time off due to suffering from a
x
serious health condition within the meaning of the FMLA and needing knee surgery.
14. “Despite knowledge of Plaintiffs serious health condition and surgery, Defendant
failed to offer Plaintiffjob-protected leave under the FMLA or any information about job-
protected leave under the FMLA.
15. While out on leave, Plaintiff's employment was terminated on July 19, 2021.
16. Plaintiff attempted to exercise his rights under the FMLA by utilizing FMLA
leave.
17. Defendant’s termination of Plaintiff's employment violated Plaintiff's rights
under the FMLA.
COUNT I- FMLA INTERFERENCE
18. Plaintiff realleges and readopts the allegations of paragraphs | through 17 of this
Complaint, as fully set forth herein. N.
19. Plaintiff required time off from work to care for himself because he suffered from
/
a serious health condition within the meaning of the FMLA; requiring leave protected under the
N \
~S
FMLA.
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20. By failing to provide Plaintiff with notice of his rights and responsibilities under
the FMLA and, Defendant interfered with Plaintiff's FMLA vights, in violation of 29 U.S.C. §§
2614(a)(1)(A) and 2615(a)(2). ~ ~
~ ~
21. Defendant’s actions were willful and done with malice.
22. ‘Plaintiff was injured by Defendant’s violations of the FMLA, for which Plaintiff
\ \
is entitled to legal and injunctiverelief.
WHERE F:ORE, , Plaintiff demands: Yo
/ (a) . That this Court enter a judgment, stating that Defendant interfered with
v
x
Plaintiff’ rights
s in violation of the FMLA;
(b)\ An injunction restraining continued violation of the FMLA by Defendant;
(c) . Compensation for lost wages, benefits, and other remuneration;
(d) Reinstatement of Plaintiff to a position comparable to Plaintiff's prior
position with back pay plus interest, pension rights and all benefits or, in
the alternative, the entry of a judgment under 29 US.C. §
2617(a)(1)(A)@UD, against Defendant and in favor of Plaintiff, for the
monetary losses that Plaintiff suffered as a direct result of Defendant’s
violations of the FMLA;
(e) Front pay;
@® Liquidated Damages;
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(g) Prejudgment interest onall‘monétary recovery obtained;
(h) All costs and attorney's fees incurred in prosecuting these claims; and
@ For such further relief as-this Court deems just and equitable.
~
COUNT I - FMLA RETALIATION
23. Plaintiff realleges and readopts| the allegations set forth in Paragraphs 1 through
\
17 of this Complaint,-as fully setforth herein.
24. _ Plaintiff required time off from-work to care for himself, because he suffered from
a serious health ‘condition within the meaning of the FMLA, requiring leave protected under the
FMLA.»
25. Plaintiff engaged in protected activity under the FMLA by exercising and/or
attempting to exercise his FMLA rights.
26. Defendant retaliated against Plaintiff for engaging in protected activity under the
FMLA by terminating his employment.
27. Defendant’s actions were willful and done with malice.
28. Plaintiff was injured by Defendant’s violations of the FMLA, for which Plaintiff
is entitled to legal and injunctive relief.
WHEREFORE, Plaintiff demands:
(a) That this Court enter a judgment, stating that Defendant retaliated against
Plaintiff in violation of the FMLA; N.
(b) An injunction restraining continued violation of the FMLA by Defendant;
Yo
(©) Compensation for lost wages, benefits,.and other remuneration;
\ \
(d) Reinstatement of Plaintiff to a position comparable to. Plaintiff s prior
position with back pay plus interest, pension rights and all benefits or, in
the alternative, the entry of \a judgment under 29 U.S.C. §
2617(a)(1)(A\@DAD, against Defendant and in, favor of Plaintiff, for the
monetary losses that Plaintiff suffered as a direct result of Defendant’s
violations ofthe FMLA e y/
(e) /~Front pay; *
(f)._ Liquidated Damages; Yo
( 2 . Prejudgment interest on all
monetary recovery obtained;
(h) All cost’ and attorney's fees incurred in prosecuting these claims; and
(i) For such further relief as this Court deems just and equitable.
JURY TRIAL DEMAND
Plaintiff demands trial by jury as to all issues so triable.
Dated this 28th day of July, 2022.
Respectfully submitted.
le:R 4A
ASHWIN R. TREHAN
Florida Bar Number: 42675
WENZEL FENTON CABASSA P.A.
1110 N. Florida Avenue § Suite 300
Tampa, FL 33602- 3343¢
Main Number: (813) 224-0431
Direct Dial: (813) 774-3391
Facsimile: (813) 229-8712
Email: atrehan@wfclaw. com
Email: tsoriano@wfelaw. com
Attorneys for Plaintiff
Z
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\ Mi VY
SL»
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16-2022-CA-004327-XXXX-MA Div: CV-B Filing # 154267253 E-Filed 07/28/2022 03:10:50 PM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA CIVIL DIVISION JAMES B. WRIGHT SR., Plaintiff, Case No.: Vv. LAMPSTAND FOODS, LLC, Defendant. / COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff, JAMES B. WRIGHT SR., by and through undersigned counsel, brings this action against Defendant, LAMPSTAND FOODS, LLC and in support of his claims states as follows: JURISDICTION AND VENUE 1 This is an action for damages in excess of $30,000, exclusive of interest, fees, and costs, for violations of the Family and Medical Leave Act of 1993, as amended, 29 U.S.C. § 2601 et seq. (“FMLA”). 2. Venue is proper in Duval County, because all of the events giving rise to these claims occurred in this County. PARTIES 3. Plaintiff is a resident of Duval County, Florida, and he worked in Duval County. 4 Defendant operates a Little Caesars restaurant in Duval County. ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 07/29/2022 04:44:00 PM GENERAL ALLEGATIONS 5 This is an action to recover damages suffered by Plaintiff while employed by Defendant, when Defendant interfered with Plaintiff's rights under the FMLA and retaliated against Plaintiff for exercising these same rights. 6 Plaintiff was an employee of Defendant, and he worked at least 1250 hours in the 12 months preceding he request for leave under the FMLA. UN 7 Thus, Plaintiff was an “eligible employee” within the meaning of the FMLA, 29 N \ U.S.C. § 2611(2). ~S C 8 Defendant is an “employer” within the meaning of the FMLA, 29 U.S.C. § 2611(4). Z 9 Plaintiff has satisfied allconditions precedent, onthey have been waived. ~ ~ 10 Plaintiff has retained theundersigned attorneys and agreed to pay them a fee. il Plaintiff requests ajury trial for’all issues sotriable. \ vZ FACTS | 12. Plaintiff began working forDefendant on or around July 2019. BV In of around June 2021, Plaintiff requested time off due to suffering from a x serious health condition within the meaning of the FMLA and needing knee surgery. 14. “Despite knowledge of Plaintiffs serious health condition and surgery, Defendant failed to offer Plaintiffjob-protected leave under the FMLA or any information about job- protected leave under the FMLA. 15. While out on leave, Plaintiff's employment was terminated on July 19, 2021. 16. Plaintiff attempted to exercise his rights under the FMLA by utilizing FMLA leave. 17. Defendant’s termination of Plaintiff's employment violated Plaintiff's rights under the FMLA. COUNT I- FMLA INTERFERENCE 18. Plaintiff realleges and readopts the allegations of paragraphs | through 17 of this Complaint, as fully set forth herein. N. 19. Plaintiff required time off from work to care for himself because he suffered from / a serious health condition within the meaning of the FMLA; requiring leave protected under the N \ ~S FMLA. C 20. By failing to provide Plaintiff with notice of his rights and responsibilities under the FMLA and, Defendant interfered with Plaintiff's FMLA vights, in violation of 29 U.S.C. §§ 2614(a)(1)(A) and 2615(a)(2). ~ ~ ~ ~ 21. Defendant’s actions were willful and done with malice. 22. ‘Plaintiff was injured by Defendant’s violations of the FMLA, for which Plaintiff \ \ is entitled to legal and injunctiverelief. WHERE F:ORE, , Plaintiff demands: Yo / (a) . That this Court enter a judgment, stating that Defendant interfered with v x Plaintiff’ rights s in violation of the FMLA; (b)\ An injunction restraining continued violation of the FMLA by Defendant; (c) . Compensation for lost wages, benefits, and other remuneration; (d) Reinstatement of Plaintiff to a position comparable to Plaintiff's prior position with back pay plus interest, pension rights and all benefits or, in the alternative, the entry of a judgment under 29 US.C. § 2617(a)(1)(A)@UD, against Defendant and in favor of Plaintiff, for the monetary losses that Plaintiff suffered as a direct result of Defendant’s violations of the FMLA; (e) Front pay; @® Liquidated Damages; Le (g) Prejudgment interest onall‘monétary recovery obtained; (h) All costs and attorney's fees incurred in prosecuting these claims; and @ For such further relief as-this Court deems just and equitable. ~ COUNT I - FMLA RETALIATION 23. Plaintiff realleges and readopts| the allegations set forth in Paragraphs 1 through \ 17 of this Complaint,-as fully setforth herein. 24. _ Plaintiff required time off from-work to care for himself, because he suffered from a serious health ‘condition within the meaning of the FMLA, requiring leave protected under the FMLA.» 25. Plaintiff engaged in protected activity under the FMLA by exercising and/or attempting to exercise his FMLA rights. 26. Defendant retaliated against Plaintiff for engaging in protected activity under the FMLA by terminating his employment. 27. Defendant’s actions were willful and done with malice. 28. Plaintiff was injured by Defendant’s violations of the FMLA, for which Plaintiff is entitled to legal and injunctive relief. WHEREFORE, Plaintiff demands: (a) That this Court enter a judgment, stating that Defendant retaliated against Plaintiff in violation of the FMLA; N. (b) An injunction restraining continued violation of the FMLA by Defendant; Yo (©) Compensation for lost wages, benefits,.and other remuneration; \ \ (d) Reinstatement of Plaintiff to a position comparable to. Plaintiff s prior position with back pay plus interest, pension rights and all benefits or, in the alternative, the entry of \a judgment under 29 U.S.C. § 2617(a)(1)(A\@DAD, against Defendant and in, favor of Plaintiff, for the monetary losses that Plaintiff suffered as a direct result of Defendant’s violations ofthe FMLA e y/ (e) /~Front pay; * (f)._ Liquidated Damages; Yo ( 2 . Prejudgment interest on all monetary recovery obtained; (h) All cost’ and attorney's fees incurred in prosecuting these claims; and (i) For such further relief as this Court deems just and equitable. JURY TRIAL DEMAND Plaintiff demands trial by jury as to all issues so triable. Dated this 28th day of July, 2022. Respectfully submitted. le:R 4A ASHWIN R. TREHAN Florida Bar Number: 42675 WENZEL FENTON CABASSA P.A. 1110 N. Florida Avenue § Suite 300 Tampa, FL 33602- 3343¢ Main Number: (813) 224-0431 Direct Dial: (813) 774-3391 Facsimile: (813) 229-8712 Email: atrehan@wfclaw. com Email: tsoriano@wfelaw. com Attorneys for Plaintiff Z ~ \ Mi VY SL»