IN THE CIRCUIT COURT FOR THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR BREVARD COUNTY, FLORIDA
v. Case No.:
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff, SHARI EVETTS, by and through her undersigned attorney, sues Defendant, SUNTRUST BANK, and alleges the following:
1. This action is brought pursuant to Chapter 760, Florida Statutes, to obtain relief for discrimination committed by Defendant based upon 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, SUNTRUST BANK, is a foreign corporation, registered and doing business in the State of Florida and is an “employer” as defined under Chapter 760, Florida Statutes, the Florida Civil Rights Act.
6. Defendant, SUNTRUST BANK in the process of acquiring certain assets of Huntington Bank failed to interview and hire Plaintiff for a position with Defendant, for which there was a vacancy and for which Plaintiff was the most qualified individual for the position. In doing so, Defendant discriminated against Plaintiff because of her age.
7. In the acquisition of Huntington Bank assets, Defendant announced that it would follow certain procedures for interviewing Huntington Bank employees for consideration for their becoming employed by SunTrust, to fill vacancies within SunTrust that became available. Plaintiff at the date of the acquisition of the Huntington Bank assets held a responsible senior management position with Huntington Banks. In violation of its own announced procedures, Defendant failed to post the position of Regional Market Manager which became available, failed to interview Plaintiff for any position with SunTrust in violation of its announced procedures for hiring Huntington Bank employees and failed to consider Plaintiff for the vacant position of Regional Market Manager for which Plaintiff was highly qualified. Defendant instead offered the position to another Huntington Bank employee who was much less qualified and substantially younger than Plaintiff.
8. Plaintiff filed a formal Charge of Discrimination alleging age discrimination with the Florida Commission on Human Relations (FCHR) on June 11, 2002, file number 2101797, 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”.
9. 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.
10. Plaintiff has suffered severe mental anguish and emotional distress as a result of Defendant’s actions.
11. Plaintiff has retained the undersigned attorney and agreed to pay him a reasonable fee.
12. Plaintiff has exhausted her administrative remedies prior to bringing this action.
13. Plaintiff has complied with all conditions precedent prior to bringing this action.
14. At the time of the allegations contained herein, Plaintiff was fifty (51) years of age, having been born on July 16, 1950.
15. The failure to hire Plaintiff was motivated by the intent of Defendant, SUNTRUST BANK, to discriminate against Plaintiff on the basis of her age.
16. In its failure to consider Plaintiff for employment and in failing to hire Plaintiff, the Defendant, SUNTRUST BANK, discriminated against Plaintiff on the basis of her age.
17. In, its failure to consider Plaintiff for employment and in failing to hire Plaintiff, Defendant violated the provisions of Section 760.10(1)(a), Florida Statutes (2002), 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”.
18. 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.
19. The conduct of Defendant complained of herein was a willful, malicious, oppressive, wanton and intentional disregard and violation of Plaintiff’s rights under the law.
WHEREFORE, Plaintiff prays for judgment against Defendant, 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.
D. An award of reasonable attorney fees and all costs incurred herein.
E. 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 October, 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: 06/11/2003
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.