IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA
v. Case No.: _______________________
Buena Vida Estates, Incorporated,
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff, BRENDA MASCIS, by and through her undersigned attorney, sues Defendant, Buena Vida Estates, Inc., and alleges as follows:
1. This action is brought to obtain relief for discrimination committed by Defendant Buena Vida Estates, Inc. against Plaintiff on the basis of Plaintiff’s age.
2. This is an action for damages in excess of Fifteen Thousand Dollars ($15,000.00), exclusive of interest, costs, and attorney fees.
3. The unlawful practices alleged below were committed within Brevard County, Florida.
4. Plaintiff currently resides in Brevard County, Florida, and at all times material hereto resided in Brevard County, Florida.
5. Defendant, Buena Vida Estates, Inc., is a Florida corporation, registered and doing business in the State of Florida, in Brevard County, and is an “employer” as defined in the statutes under which this complaint is brought.
6. Plaintiff was employed by Defendant, Buena Vida Estates, Inc. in 1991 in the position of Sales Associate. Plaintiff earned a salary and sales commissions for selling units to residents of Buena Vida, which is a retirement residence.
7. Plaintiff was a ten and one half year (10 1/2) year employee of Defendant, Buena Vida Estates, Inc. when she was terminated and was sixty-two (62) years of age, having been born on June 10, 1939.
8. Plaintiff was terminated by Defendant, Buena Vida Estates, Inc., on November 26, 2001 and was not told a reason why she was being terminated.
9. The termination of Plaintiff on November 26, 2001 occurred without any prior warning and was without any valid or legitimate basis.
10. Prior to Plaintiff being terminated, Defendant had hired a younger woman and promoted another younger woman into a marketing position. Plaintiff was required to train both of these younger persons in sales operations. These younger women performed sales activities which were previously performed by Plaintiff and were scheduled to commence making sales and to be paid sales commissions at the time Plaintiff was terminated.
11. At all times, Plaintiff performed all duties assigned to her in a professionally competent manner, faithfully followed all reasonable instructions given to her by her supervisors, and abided by all the rules and regulations of Defendant.
12. Plaintiff filed a formal Charge of Discrimination alleging age discrimination with the Florida Commission on Human Relations (FCHR) on August 5, 2002, FCHR File Number 2203106, and more than one hundred eighty (180) days have expired since the filing of said Charge of Discrimination. A copy of said Charge of Discrimination is attached hereto and incorporated herein as Exhibit “A”.
13. This action is brought pursuant to Chapter 760, Florida Statutes, 2000 to obtain relief from discrimination committed by Defendant against Plaintiff in violation of the Florida Civil Rights Act.
14. The termination of Plaintiff’s employment was motivated by the intent of Defendant, Buena Vida Estates, Inc., to discriminate against Plaintiff on the basis of her age.
15. In its termination of Plaintiff’s employment, the Defendant, Buena Vida Estates, Inc., discriminated against Plaintiff on the basis of her age.
16. In terminating Plaintiff’s employment, Defendant violated the provisions of Section 760.10(1)(a), Florida Statutes which makes it unlawful for an employer “To discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, national origin, age, handicap, or marital status”.
17. Plaintiff has suffered and continues to suffer grave and severe damage to her financial welfare, and her employment prospects, by reason of Defendant’s discriminatory actions against Plaintiff.
18. Plaintiff has suffered severe mental anguish and emotional distress as a result of Defendant’s actions.
19. Plaintiff has retained the undersigned attorney and agreed to pay him a reasonable fee.
20. Plaintiff has exhausted her administrative remedies prior to bringing this action.
21. Plaintiff has complied with all conditions precedent prior to bringing this action.
WHEREFORE, Plaintiff prays for judgment against Defendant, Buena Vida Estates, Inc., as follows:
A. Judgment for her 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.
B. Compensatory damages, including, but not limited to, damages for mental anguish, loss of dignity, and any other intangible injuries.
C. Front pay.
D. Punitive Damages.
E. An award of reasonable attorney fees and all costs incurred herein.
F. Such other damages as may be just and proper.
DEMAND FOR JURY TRIAL
Plaintiff demands a jury trial on all issues herein triable by jury.
DATED: This _____ day of March, 2003.
Wayne L. Allen, Esquire
Florida Bar No. 110025
Adrienne E. Trent, Esquire
Florida Bar No. 0060119
WAYNE L. ALLEN & ASSOCIATES, P.A.
Attorneys for Plaintiff
700 N. Wickham Road, Suite 107
Melbourne, Florida 32935
Phone: (321) 254-7550
Fax: (321) 242-1681
Attorney: Maurice Arcadier
Date Filed: 03/17/2003
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.