IN THE CIRCUIT COURT OF THE
EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR BREVARD COUNTY, FLORIDA
JAMES E. FLANNAGAN,
HARP MARKETING SERVICES, Inc.,
COMPLAINT AND JURY DEMAND
Plaintiff, JAMES E. FLANNAGAN, by his attorney, complains against HARP MARKETING SERVICES, Inc., (hereinafter, “Defendant”) as follows:
Nature of the Action
1. This is an action brought pursuant to Chapter 760, Florida Statutes, 1993 to obtain relief for age discrimination committed by HARP MARKETING SERVICES, Inc. against JAMES E. FLANNAGAN.
2. JAMES E. FLANNAGAN, age 79, is an individual residing in 2149 Pumpkin Place, N.E. Palm Bay, Florida 32905.
3. JAMES E. FLANNAGAN interviewed with Defendant and was hired as a result of his performance at the interview.
4. JAMES E. FLANNAGAN began working for Defendant on January 2, 2007.
3. At all relevant times, JAMES E. FLANNAGAN was an employee of Defendant.
4. On information and belief, Defendant is a Florida Profit corporation with its principal place of business in 2238 Sarno Road Melbourne, Florida 32935.
5. At all times relevant to the allegation in this Complaint, Defendant operated from a facility in Brevard County.
6. Defendant is principally engaged in the business of telemarketing.
7. At all relevant times, Defendant employed more than 20 people.
10. On January 30, 2007, JAMES E. FLANNAGAN filed a Charge of Discrimination against Defendant with the Florida Commission On Human Relations (“FCHR”) and the Equal Employment Opportunity Commission (“EEOC”).
11. More than six months have elapsed since JAMES E. FLANNAGAN filed his charge with the EEOC and FCHR.
12. JAMES E. FLANNAGAN received a Right to Sue letter dated June 7, 2007 and fewer than ninety days have elapsed since JAMES E. FLANNAGAN received the same.
13. JAMES E. FLANNAGAN was born in 1928 and was 78 years old at the time he filed his Charge of Discrimination.
14. JAMES E. FLANNAGAN employment background includes over 10 years of Telemarketing experience.
15. JAMES E. FLANNAGAN interviewed with HARP MARKETING SERVICES, Inc.
16. JAMES E. FLANNAGAN worked as a Telemarketer for Defendant on January 2, 2007.
17. On January 3, 2007, Defendant notified JAMES E. FLANNAGAN “it just wasn’t a good fit”.
COUNT I: AGE DISCRIMINATION
19. JAMES E. FLANNAGAN realleges and incorporates in this Count I paragraphs 1-17.
20. JAMES E. FLANNAGAN’s age was a motivating factor in Defendant’s decision to terminate JAMES E. FLANNAGAN.
21. Defendant knowingly and willfully discriminated against JAMES E. FLANNAGAN on the basis of his age in violation of Florida Statute Chapter 760.
WHEREFORE, JAMES E. FLANNAGAN respectfully requests the following relief:
Entry of judgment in favor of JAMES E. FLANNAGAN and against Defendant;
1. Back pay;
2. Reinstatement, or in the alternative, front pay;
3. Punitive Damages;
4. Attorneys fees and costs;
5. Mental Anguish and loss of dignity;
6.. Other such relief as may be appropriate to effectuate the purposes of Florida Statute 760.
DEMAND FOR JURY TRIAL
Plaintiff demands a jury trial on all issues herein triable by jury.
DATED this _____day of July, 2007.
ALLEN & ARCADIER, P.A.
Wayne L. Allen, Esquire
Florida Bar No. 0110025
Maurice Arcadier, Esquire
Florida Bar No. 131180
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: 07/11/2007
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.