IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN
AND FOR BREVARD COUNTY, FLORIDA
MARGARET KOHLER,
Plaintiff,
vs. Case No:
ALBERTSON’S, INC.,
Defendant.
_____________________________________/
COMPLAINT AND DEMAND FOR JURY TRIAL
COUNT I
Plaintiff, MARGARET KOHLER, sues Defendant, ALBERTSON’S, INC., and alleges:
1. This is an action for damages that exceed $15,000.
2. The unlawful employment practices alleged below were committed within Brevard County, Florida.
3. Plaintiff is a female who resides in Cocoa, Florida, and has at all times material herein resided in Brevard County, Florida.
4. Defendant, Albertson’s, Inc., is a foreign corporation doing business in the State of Florida.
5. Plaintiff was employed by the Defendant on or about Janurary 2, 1995.
6. Plaintiff was wrongfully discharged by Defendant due to her sex on or about December 23, 1996 in violation of Chapter 760, Florida Statutes.
7. Plaintiff, a white female, was subjected to continuous sexual discrimination during the course of her employment by Defendant in violation of Chapter 760, Florida Statutes.
8. The sexual discrimination of Plaintiff by Defendant consisted of, but was not limited to, being treated in a disparate manner in comparison to male co-workers.
9. Plaintiff was required to conform with certain store directives established by Defendant’s management, and male pharmacists were not.
10. Plaintiff was also barred from contacting the police or any other law enforcement organization in the event a customer became abusive or committed a criminal act against the pharmacy or herself.
11. Plaintiff’s male co-workers did not have to conform to these directives and were not required to obtain management’s approval for the above items, as Plaintiff was told she must do.
12. Plaintiff filed a formal complaint with the Florida Commission on Human Relations on August 12, 1997 and more than one hundred eighty (180) days have expired since the filing of said complaint, attached as Exhibit “A”.
13. Plaintiff was employed by Defendant in the position of pharmacist.
14. Plaintiff has suffered and continues to suffer grave and severe mental anguish and emotional distress, severe damage to her financial welfare, her employment prospects, her reputation in the community in which she lives and among her professional peers and to her psychological and physical health by reason of Defendant’s discriminatory actions against Plaintiff.
15. Defendant willfully, knowingly, and intentionally discriminated against Plaintiff on the basis of her sex.
WHEREFORE, Plaintiff prays for judgment against Defendant, Albertson’s as follows:
A. An award for back pay, including all sums of money Plaintiff would have earned, together with such other increases to which she would be entitled, had she not been discriminatorily discharged, and interest thereon.
B. Compensatory damages, including, but not limited to, damages for mental anguish, loss of dignity and other intangible injuries.
C. An award for expenses incurred by Plaintiff in her job search, all money paid for health benefits, all money paid for medical expenses and loss of vacation entitlement.
D. All sums of money Plaintiff would have earned in the future, had she not been discriminatorily discharged (front pay).
E. An award of reasonable attorney’s fees and all costs
incurred herein.
F. Punitive damages.
G. Such other and further relief as the Court deems proper.
COUNT II
Plaintiff, MARGARET KOHLER, sues Defendant, ALBERTSON’S, INC., and alleges:
16. Plaintiff realleges and incorporates paragraphs 1 through 6 of this Complaint as if set forth in full herein.
17. This is an action for damages violation of Sections 448.101-448.105, Florida Statutes.
18. The Defendant, Albertson’s is an “employer” under the Act, which has committed a “retaliatory personnel action” against Plaintiff.
19. Plaintiff was terminated as a result of a retaliatory personnel action for exercising her professional judgment as a pharmacist when she refused to fill a prescription for a customer whom she had reason to believe was abusing use of the requested drug and for her refusal to show Defendant a customer’s confidential drug records, which is unlawful under Section 465.003(12), Florida Statutes.
20. The actions taken by Defendant in terminating Plaintiff are prohibited actions under Section 448.102, Florida Statutes, and Plaintiff was retaliated against by Defendant in violation of Plaintiff’s rights under the Act.
21. Plaintiff has been required to retain the services of the undersigned counsel to represent Plaintiff in this action and has agreed to pay him a reasonable fee.
WHEREFORE, Plaintiff, prays for damages against Defendant, Albertson’s as follows:
A. Compensation for lost wages, benefits, and other remuneration.
B. Compensatory damages, including, but not limited to, damages for mental anguish, loss of dignity and other intangible injuries.
C. An award for expenses incurred by Plaintiff in her job search, all money paid for health benefits, all money paid for medical expenses and loss of vacation entitlement.
D. An award of reasonable attorney’s fees and all costs
incurred herein.
E. Such other and further relief as the Court deems proper.
DEMAND FOR JURY TRIAL
Plaintiff demands a jury trial on all issues herein triable by jury.
DATED this _______ day of June, 1998.
_______________________________
WAYNE L. ALLEN, Trial Counsel
Florida Bar No. 110025
Wayne L. Allen, PA Attorney for Plaintiff
700 N. Wickham Road, Ste. 107
Melbourne, Florida 32935
Phone: (407) 254-7550
Fax: (407) 242-1681
