Winn Dixie Stores – Unlawful Employment, Equal Employment Opportunity Commission, Discrimination, Florida Commission on Human Relations.
IN THE CIRCUIT COURT OF THE
EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR BREVARD COUNTY, FLORIDA
EDWARD POWELL Case No.
Plaintiff,
-vs-
WINN DIXIE STORES, INC.
Defendant.
COMPLAINT AND DEMAND FOR JURY TRIAL
COUNT I
JURISDICTION AND VENUE
Plaintiff, EDWARD F. POWELL, by and through his undersigned attorney, sues Defendant, WINN DIXIE STORES, INC., and alleges as follows:
1. This is an action for damages in excess of Fifteen Thousand Dollars ($15,000.00), exclusive of interest, costs and attorney’s fees.
2. This action is brought pursuant to Chapter 760, Florida Statutes, the Florida Civil Rights Act of 1992″.
3. The unlawful employment practices alleged below were committed in Brevard County, Florida.
PARTIES
4. Plaintiff, EDWARD F. POWELL (hereinafter “Plaintiff”), is a resident of Brevard County, Florida.
5. Defendant, WINN DIXIE STORES, INC. is a Florida Corporation.
STATEMENT OF CLAIM
6. Plaintiff was hired for a position as part time stock clerk with Winn Dixie Stores, Inc., on or about February 1993, at its store location 2230.
7. Plaintiff was promoted to full time status in late May 1995.
8. Plaintiff was promoted to Grocery Manager in August 1995.
9. Plaintiff, in late February 1996, requested that he be given leave for the period of March 4, 1996 through March 7, 1996, for personal reasons.
10. Plaintiff returned from his leave of absence and was told he no longer worked at store location 2230, and that he had been transferred to store location 2232, nine (9) miles away and much further away from his home. This was done with no explanation from his employer.
11. Plaintiff is a white male.
12. A minority person, of Hispanic origin, was promoted to Plaintiff’s position of Grocery Manager at Store location 2230, after the Plaintiff was transferred to store location 2232. This person was less qualified for the position of Grocery Manager than Plaintiff.
13. Plaintiff on May 1, 1996, complained to his employer about the preferential treatment in the promotion of a minority to Plaintiff’s former position.
14. Plaintiff again, on July 8, 1996, complained to Defendant about the workplace discrimination to which he had been subjected.
15. Plaintiff, on July 22, 1996, met with Defendant’s management and was threatened with termination if he were to pursue his discrimination claims any further.
16. Plaintiff notified Defendant’s store 2230 location manager of his intention to file discrimination charges against Winn Dixie, on or about October 4, 1996.
17. Plaintiff was terminated on or about October 5, 1996.
18. Plaintiff alleges and believes that Defendant’s decision to transfer Plaintiff to store location 2232 and subsequent termination of Plaintiff was due to and is a result of reverse discrimination, and retaliation.
19. Plaintiff was discriminated against under Section 760.10, Florida Statutes, 1996, in that he was duly qualified for his position as Grocery Manager, had been successful in the position, was not found to be unfit for the position in any of the employer’s evaluations, and was subsequently transferred to another store location without notice, in favor of a minority person who did not possess the level of qualifications for the position held by the Plaintiff.
20. Plaintiff filed a formal complaint with the Florida Commission on Human Relations. More than one hundred eighty (180) days have expired since the filing of said complaint and the Commission has not taken action on his complaint.
21. Plaintiff has exhausted his administrative remedies.
22. Plaintiff has suffered and continues to suffer grave and severe damage to his financial welfare, his employment prospects, his reputation in the community in which he lives and among his professional peers by reason of Defendant’s discriminatory actions against Plaintiff.
23. Defendant WINN DIXIE STORE, INC., willfully, knowingly and intentionally discriminated against Plaintiff on the basis of his race.
24. Plaintiff has retained the undersigned attorney and agreed to pay him a reasonable fee.
WHEREFORE, Plaintiff prays for judgment against Defendant, WINN DIXIE STORES, INC., for back pay, front pay, compensatory damages, punitive damages and all other damages to which he may be entitled, together with his attorney fees and costs of this action.
COUNT II
25. Plaintiff realleges and incorporates paragraphs 1 through 17, and 20 of this Complaint as if set forth in full herein.
. 26. Plaintiff alleges and believes that the decision to terminate Plaintiff was due to and is a result of retaliation by Defendant for Plaintiff’s filing of discrimination charges with the Equal Employment Opportunity Commission and Florida Commission on Human Relations.
27. Plaintiff was discriminated against under Section 760.10(7), Florida Statutes, 1996, in that he was retaliated against for opposing a discriminatory act by perpetrated by Defendant against Plaintiff.
28. Plaintiff has exhausted his administrative remedies.
29. Plaintiff has suffered and continues to suffer grave and severe damage to his financial welfare, his employment prospects, his reputation in the community in which he lives and among his professional peers by reason of Defendant’s retaliatory actions against Plaintiff.
30. Defendant WINN DIXIE STORE, INC., willfully, knowingly and intentionally retaliated against Plaintiff.
31. Plaintiff has retained the undersigned attorney and agreed to pay him a reasonable fee.
WHEREFORE, Plaintiff prays for judgment against Defendant, WINN DIXIE STORES, INC., for back pay, front pay, compensatory damages, punitive damages and all other damages to which he may be entitled, together with his attorney fees and costs of this action.
DEMAND FOR JURY TRIAL
Plaintiff demands a jury trial on all issues herein triable by jury.
DATED: This ____ day of February, 1998.
Wayne L. Allen, Trial Counsel
Attorney for Plaintiff
Florida Bar No. 110025
Wayne L. Allen, P.A.
700 N. Wickham Road
Suite 107
Melbourne, Florida 32935
Phone: (407) 254-7550
Fax: (407) 242-1681
More Information: Business Attorneys
Attorney: Maurice Arcadier
Status: Closed
Date Filed: 02/20/1998
Our Melbourne office is centrally located in Brevard County, enabling our lawyers to serve clients throughout “the Space Coast”, including Cocoa Beach, Palm Bay and Vero Beach.
