IN THE COUNTY COURT IN AND FOR BREVARD COUNTY, FLORIDA
DOUGLAS LANG,
Plaintiff
v. Case No.
WUESTHOFF HEALTH SYSTEMS, INC.
Defendant
_________________________/
COMPLAINT
Plaintiff, DOUGLAS LANG, by and through his undersigned attorney, sues Defendant, WUESTHOFF HEALTH SYSTEMS, INC., and alleges as follows:
1. This is an action for unpaid wages/commissions that do not exceed $15, 000.
2. Plaintiff, DOUGLAS LANG, is a resident of Brevard County, Florida.
3. Defendant, WUESTHOFF HEALTH SYSTEMS, INC., (hereinafter “WUESTHOFF”) is a Florida corporation, doing business in the State of Florida.
4. Plaintiff was employed by the Defendant in Brevard County, Florida.
5. Plaintiff began his employment on or about June 10, 2002 as a Sales and Marketing Representative for the Assisted Living Services division of Defendant and continued to perform such duties until September 6, 2002 at which time Defendant terminated Plaintiff.
6. Plaintiff performed his duties at all times in a professional and competent manner.
7. Despite demand being made upon Defendant, Defendant has failed and refused to pay Plaintiff the full commissions/wages that Plaintiff earned prior to his termination. Attached hereto and incorporated herein as Exhibit “A” is a letter from Defendant to Plaintiff dated June 5, 2002 setting out the terms and conditions for payment to Plaintiff by Defendant of additional compensation of $500 commission per unit, on each unit when occupied.
8. Defendant has failed and refused to provide to Plaintiff a full and proper accounting of sales commissions due and owing to Plaintiff as a result of his employment as Sales and Marketing Representative for Defendant..
9. Defendant owes Plaintiff unpaid wages in the form of sales commissions, earned by Plaintiff and unpaid to him by Defendant. .
10. Defendant also owes Plaintiff for un-reimbursed travel expenses and for reimbursement of health insurance premiums, due Plaintiff from Defendant pursuant to Plaintiff’s employment agreement with Defendant. .
11. Plaintiff is obligated to pay his attorneys a reasonable fee for their services.
12. This is an action for unpaid wages/commissions and Plaintiff is entitled to his attorney fees pursuant to Section 448.08, Florida Statutes, 2003.
13. Defendant has retained in its possession and has refused to deliver to Plaintiff certain personal property of Plaintiff which was left in the offices of Defendant when Plaintiff was terminated.
14. Plaintiff has complied with all conditions precedent prior to bringing this action.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendant, for all damages to which he may be entitled, including, without limitation, unpaid wages/ sales commissions, un-reimbursed travel expenses, un-reimbursed insurance premiums, interest and attorney fees.
DATED: This 8th day of September, 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
