IN THE CIRCUIT COURT OF THE
FOR BREVARD COUNTY, FLORIDA
FIRST UNION NATIONAL BANK,
AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff, NANCY RUIZ, by and through her undersigned attorney, sues Defendant, FIRST UNION NATIONAL BANK, and alleges as follows:
1. This action is brought pursuant to Section 760.10, Florida Statutes, 1991 to obtain relief for age discrimination committed by Defendant against Plaintiff in terminating Plaintiff from her employment because of Plaintiff’s age.
2. This is an action for damages in which the matter in controversy exceeds Fifteen Thousand Dollars ($15,000.00), exclusive of interest, costs, and attorney’s fees.
3. The unlawful practices alleged below were committed within the City of Palm Bay, in Brevard County, Florida. 4. Plaintiff currently resides in Palm Bay, Brevard County, Florida, and at all times material herein resided in Brevard County, Florida.
5. Plaintiff was forty-five (45) years of age at the time of her discharge, having been born on November 24, 1946.
6. Defendant, FIRST UNION NATIONAL BANK, is a national banking corporation, doing business in the State of Florida.
7. Plaintiff was employed by the Defendant on December 1, 1968.
8. Plaintiff was employed by Defendant in the position of Assistant Branch Manager.
9. At all times, Plaintiff performed all of the 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.
10. Plaintiff was discharged by Defendant due to her age on or about November 8, 1991 and Plaintiff has been denied payment of wages and other employment prerequisites as a result of her unlawful termination.
11. Plaintiff filed a formal complaint with the U. S. Equal Employment Opportunity Commission on May 30, 1992, and more than one hundred eighty (180) days have expired since the filing of said Complaint. This filing was a joint filing with the Florida Commission on Human Relations.
12. Plaintiff was replaced in her position by a younger person.
13. Plaintiff has exhausted her administrative remedies prior to bringing this action.
14. Plaintiff has complied with all conditions precedent to bringing this action.
WHEREFORE, Plaintiff prays for judgment against Defendant, FIRST UNION NATIONAL BANK 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. An award of interest on those sums of back pay for which Defendant is liable to Plaintiff;
C. An award for expenses incurred by Plaintiff in her job search, all money paid for health benefits, and all money paid for medical expenses;
D. An award of reasonable attorneys fees and all costs incurred herein;
E. An order requiring that all of Defendant’s personnel records be corrected to reflect satisfactory service by Plaintiff;
F. Such other damages as may be just and proper.
15. Plaintiff incorporates and realleges paragraphs 2 through 14, as if set forth in full herein.
16. Jurisdiction of this action is founded upon 29 USC Sec. 626(b),(c); 29 USC Sec. 217; and 29 USC Sec. 216(b).
17. At all times material hereto, Defendant was engaged in an industry affecting commerce and had twenty (20) or more employees for each working day in each of twenty (20) or more calendar weeks in the then current or preceding calendar year. Said Defendant was and is therefore an employer within the meaning of Section 11(b) of the ADEA (29 USC Sec. 630(b).
18. At all times, Plaintiff performed all of the duties assigned to her in a professionally competent manner, faithfully followed all reasonable instructions given her by her supervisors, and abided by all the rules and regulations of Defendant.
19. The discharge of Plaintiff was motivated solely by the intent of Defendant to discriminate against Plaintiff on the basis of her age.
20. In its discharge of Plaintiff, the Defendant discriminated against Plaintiff on the basis of her age.
21. By discharging Plaintiff, Defendant violated the provisions of 29 USC Section 623(a)(1), which makes it unlawful for an employer “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.”
22. On or about May 30, 1992, Plaintiff filed a charge alleging unlawful discrimination on the basis of age against Defendant with the Equal Employment Opportunity Commission, as required by 29 USC Section 626(d). Plaintiff is informed and
believes the Equal Employment Opportunity Commission informed Defendant of the filed charge and attempted but failed, to effect voluntary compliance with the requirements of the ADEA on the part of Defendant through conciliation, conference and persuasion. More than sixty (60) days have elapsed since said charge was filed by Plaintiff with the Equal Employment Opportunity Commission, as aforesaid.
23. Proximately, directly and solely as a result of Defendant discriminating against Plaintiff on account of her age, Plaintiff has suffered damages consisting of loss of salary and other compensation.
24. The conduct of Defendant complained of herein was 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.
WHEREFORE, Plaintiff prays that the court will:
A. Award Plaintiff all monetary damages to which she is entitled, including statutory liquidated damages.
B. Award Plaintiff a reasonable attorney’s fee and the costs of this action, to be taxed against Defendant.
C. Grant Plaintiff such other and further relief as the court may deem just and proper.
DEMAND FOR JURY TRIAL
Plaintiff demands a jury trial on all issues herein triable by jury.
DATED: This 17th day of November, 1995.
Wayne L. Allen, Trial Counsel
Wayne L. Allen, P.A.
Attorney for Plaintiff
Florida Bar No. 110025
700 N. Wickham Road
Melbourne, Florida 32935
Phone: (407) 254-7550
Fax: (407) 242-1681
Attorney: Maurice Arcadier
Date Filed: 10/17/1995
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.