IN THE CIRCUIT COURT FOR THE EIGHTEENTH JUDICIAL
CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA
KARL BOSSERT
Plaintiff,
Case No.:
v.
CITY OF COCOA BEACH, FLORIDA
Defendant.
__________________/
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff, KARL BOSSERT, by and through his undersigned attorney, sues Defendant, CITY OF COCOA BEACH, FLORIDA, 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. The unlawful employment practices alleged below were committed in Brevard County, Florida.
3. Plaintiff, KARL BOSSERT (hereinafter “BOSSERT”), is a resident of Brevard County, Florida.
4. Defendant, CITY OF COCOA BEACH, FLORIDA (hereinafter “COCOA BEACH”), is located in Brevard County in the State of Florida.
5. Plaintiff BOSSERT was hired by Defendant COCOA BEACH on or about February 10, 1991. He was constructively discharged and was forced to take an early retirement because of the actions of Defendant on or about December 17, 1999.
6. At all times, Plaintiff BOSSERT performed the duties assigned to him in a professionally competent manner, faithfully followed all reasonable instructions given to him by his supervisors and abided by all the rules and regulations of Defendant.
7. Plaintiff has suffered and continues to suffer grave and severe damage to his financial and emotional welfare by reason of Defendant’s discriminatory actions against Plaintiff.
8. Plaintiff BOSSERT has exhausted his administrative remedies. 9. Plaintiff BOSSERT has complied with all conditions precedent prior to bringing this action.
10. Plaintiff has retained the undersigned attorney and agreed to pay him a reasonable fee.
COUNT I
AGE DISCRIMINATION
STATE CLAIM
11. Plaintiff incorporates and realleges paragraphs 1 through 10, above, as fully as if set forth in full herein.
12. This action is brought pursuant to Section 760.10, Florida Statutes, the Florida Civil Rights Act.
13. On February 29, 2000, Plaintiff filed a claim with the Florida Commission on Human Relations (attached hereto as Exhibit “A”) and more than one hundred eighty (180) days have passed since the filing of said complaint. The Florida Commission on Human Relations has failed to take final action on Plaintiff BOSSERT’S complaint.
14. Plaintiff BOSSERT was discriminated against by Defendant when Plaintiff was demoted from his position of Lead Treatment Plant Operator to Treatment Plant Operator and was replaced by a younger employee.
15. Plaintiff was demoted and given a lower pay scale after a number of false allegations were made against him, while similarly situated younger individuals who had more serious allegations made against them received more favorable treatment.
16. Plaintiff BOSSERT continued to be discriminated against by the Defendant when he was denied a promotion to Automation Technician, which he was told, was created around his qualifications. The position of Automation Technician was given to a younger employee.
17. Plaintiff was disciplined for minor infractions while similarly situated younger employees were not disciplined at all for offenses that were more serious.
18. Plaintiff BOSSERT continued to be harassed and discriminated against by Defendant due to his age and Plaintiff was constructively discharged and forced to retire early, on or about December 17, 2000, due to the discrimination to which he was subjected by Defendant.
19. Plaintiff BOSSERT was fifty-seven years of age at the time of his demotion and fifty-eight (58) years of age at the time of his constructive discharge and early retirement, having been born on December 2, 1941.
20. The Defendant’s conduct complained of herein, was intentional, willful, malicious, oppressive, wanton and in complete disregard of the rights of Plaintiff.
21. Plaintiff BOSSERT has suffered severe mental anguish and emotional distress because of Defendant COCOA BEACH’S actions.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendant, for all damages to which he may be entitled, including, but not limited to:
a. Judgement for back pay, front pay and loss of benefits, including but not limited to loss of retirement benefits;
b. Compensatory damages, including, but not limited to, mental anguish, loss of dignity, and any other intangible injuries;
c. An award of reasonable attorney’s fees and all costs incurred herein; and,
d. Such other relief as this court deems just and proper.
COUNT II
AGE DISCRIMINATION
FEDERAL CLAIM
22. Plaintiff incorporates and realleges paragraphs 1 through 10 and 13 through 21 above, as fully as if set forth in full herein.
23. Jurisdiction of this action is founded upon 29 USC Sec. 626(b), (c).
24. At all times material hereto, Defendant was a political subdivision of the State and said Defendant was and is therefore an employer within the meaning of Section 11(b) of the ADEA (29 USC Sec. 630(b).
25. The demotion, harassment and constructive discharge of Plaintiff was motivated by the intent of Defendant to discriminate against Plaintiff on the basis of his age.
26. By demoting, harassing and constructively discharging Plaintiff, Defendant violated the provisions of 29 USC Section 623(a)(1), which makes it unlawful for an employer “to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age.”
27. On or about February 29, 2000 Plaintiff BOSSERT filed a charge alleging unlawful discrimination on the basis of age against Defendant with the Equal Employment Opportunity Commission (attached hereto as Exhibit “B”),
as required by 29 USC Section 626(d). The U. S. Equal Employment Opportunity Commission issued Plaintiff a Notice of Right to Sue on May 31, 2000 (attached hereto as Exhibit “C”). This action is being filed within ninety (90) days of receipt of the Notice of Right to Sue.
28. Proximately, directly and solely as a result of Defendant discriminating against Plaintiff on account of his age, Plaintiff has suffered damages consisting of loss of salary and other compensation.
29. The conduct of Defendant complained of herein was intentional, willful, malicious, oppressive, wanton and in complete disregard of the rights of Plaintiff and accordingly, Plaintiff is entitled to recover statutory liquidated damages from the Defendant.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendant, for all damages to which he may be entitled, including, without limitation:
a. Judgement for back pay, front pay and loss of benefits, including but not limited to loss of retirement benefits;
b. Liquidated damages;
c. An award of reasonable attorney’s fees and all costs incurred herein; and,
d. Such other relief as this court deems just and proper.
DEMAND FOR JURY TRIAL
Plaintiff BOSSERT demands a jury trial on all issues herein triable by jury.
DATED: This ____ day of August, 2000.
_______________________
Wayne L. Allen, Esquire
Florida Bar No. 110025
Adrienne E. Trent, Esquire
Florida Bar No. 0060119
Attorneys for Plaintiff
Wayne L. Allen & Associates P.A.
700 N. Wickham Road, Ste. 107
Melbourne, FL 32935
Phone (407) 254-7550
Fax (407) 242-2681
Attorney: Maurice Arcadier
Status: Closed
Date Filed: 03/31/2000
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.
