IN THE CIRCUIT COURT OF THE
EIGHTEENTH JUDICIAL CIRCUIT IN
AND FOR BREVARD COUNTY, FLORIDA
V. CASE NO.: _________________
ICHIKOSHI (USA), Inc., d/b/a
Turtle Creek Golf Club,
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff, NANCY WALLACE, by and through her undersigned counsel, sues Defendant, ICHIKOSHI (USA), and alleges as follows:
1. This is an action for damages that exceed $15,000.00, exclusive of costs, interest, and attorney’s fees.
2. The unlawful employment practices alleged below were committed within Brevard County, Florida.
3. Plaintiff, NANCY WALLACE, is a resident of Brevard County, Florida.
4. Defendant, ICHIKOSHI (USA), is a foreign for-profit corporation, doing business in Brevard County, Florida.
5. Plaintiff, NANCY WALLACE, was employed by Defendant, ICHIKOSHI (USA), as an accountant.
6. Plaintiff was terminated from employment with Defendant on March 11, 2005.
7. Plaintiff has complied with all conditions precedent prior to bringing this action.
8. Plaintiff has retained the undersigned attorneys and agreed to pay them a reasonable fee.
WHISTLE BLOWER ACTION
9. Plaintiff incorporates and re-alleges, paragraphs 1 through 8 of this Complaint as if set forth in full herein.
10. This is an action for damages exceeding $15,000.00 and injunctive relief pursuant to Sections 448.101-448.105, Florida Statutes, 2004.
11. The Defendant, ICHIKOSHI (USA), is a corporation doing business in Brevard County, and is an “employer” under the Act, which has committed a “retaliatory personnel action” against Plaintiff.
12. Plaintiff is a resident of Brevard County, Florida and was an “employee” of Defendant until her discharge.
13. During plaintiff’s time of employment, she was told to forward to unemployment compensation documentation which falsely stated that a prior coworker, Cindy Williams, had resigned her position with Defendant, in order for Defendant to avoid paying unemployment compensation.
14. Plaintiff refused to lie to Unemployment Compensation and told the truth that Cindy Williams had been fired.
15. Upon sending the proper written documentation to Unemployment Compensation, the Plaintiff was terminated.
16. The actions taken by Defendant in terminating Plaintiff are prohibited actions under Section 448.102, Florida Statutes, 2005 and Plaintiff was retaliated against by Defendant in violation of Plaintiff’s rights under the Act.
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, NANCY WALLACE, seeks the following relief:
A. Compensation for all lost wages, benefits and other lost remuneration from the time of the adverse personnel action taken by Defendant.
B. Payment of all reasonable costs, including attorney fees.
C. Entry of both a temporary and permanent injunction requiring correcting plaintiff’s employee file to reflect the true and actual performance of the employee.
D. Any and all further relief deemed just and equitable by the Court including interests.
17. Plaintiff incorporates and re-alleges, paragraphs 1 through 8 of this Complaint as if set forth in full herein.
18. This action is brought pursuant to Section 760.10, Florida Statutes, to obtain relief for age discrimination committed by Defendant against Plaintiff in terminating Plaintiff from her employment because of Plaintiff’s age.
19. Plaintiff was fifty-two (52) years of age at the time of her discharge, having been born on February 15, 1953.
20. Defendant, ICHIKOSHI (USA), is a national corporation, doing business in the State of Florida.
21. 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.
22. Plaintiff was discharged by Defendant due to her age on or about March 11, 2005 and Plaintiff has been denied payment of wages and other employment prerequisites as a result of her unlawful termination.
23. Plaintiff filed a formal complaint with the Florida Commission on Human Relations on March 7, 2006, and more than one hundred eighty (180) days have expired since the filing of said Complaint.
24. Plaintiff was replaced in her position by a younger person.
25. Plaintiff has exhausted her administrative remedies prior to bringing this action.
26. Plaintiff has complied with all conditions precedent to bringing this action.
WHEREFORE, Plaintiff prays for judgment against Defendant, ICHIKOSHI (USA) 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 attorney’s 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.
Plaintiff demands trial by jury on all issues as allowed by law.
Dated: ___________ November, 2006
ALLEN & ARCADIER, P.A.
Wayne L. Allen, Esquire
Florida Bar No. 0110025
Mauricio 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: 11/14/2006
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.