Whistleblower Complaint

IN THE CIRCUIT COURT FOR THE EIGHTH JUDICIAL CIRCUIT

IN AND FOR MARION COUNTY, FLORIDA

 

SAMPLE PLAINTIFF,

Plaintiff,

 

v.                                                                                                CASE NO. DRAFT

 

SAMPLE DEFENDANT,

Defendant.

____________________________/

 

COMPLAINT

Plaintiff, SAMPLE PLAINTIFF, sues Defendant, SAMPLE DEFENDANT, INC. and

 

states as follows:

 

PARTIES, JURISDICTION, AND VENUE

 

  1. This action alleges damages in excess of $15,000.00, exclusive of attorneys’ fees and costs. This action is brought pursuant to the Fair Labor Standards Act and Florida’s Whistleblower  Statute.
  2. At all times material hereto, the Defendant, was registered to do business in this State.
  3. Defendant is subject to the jurisdiction of this Court, and venue is proper in Alachua County, Florida
  4. At all times material hereto, the Plaintiff was an “Employee” of Defendant as defined by Section 448.101(2), Fla. Stat.
  5. At all times material hereto, the Defendant of “Employer” of Plaintiff as defined by Section 448.101(3), Fla. Stat. Defendant had the authority to hire and fire Plaintiff and to receive complaints from Plaintiff similar to the ones made by Plaintiff in this lawsuit.
  6. At all time material hereto, Plaintiff is a person who performs services for Defendant and is under the control and direction of Defendant for wages and other remuneration.
  7. At all times material hereto, Defendant is a private individual, firm, partnership, institution, corporation, or association that employs ten or more persons.
  8. All administrative and contractual remedies, as well as all formal grievance procedures, have been exhausted, or, alternatively, no viable administrative remedies were available to Plaintiff. All other conditions precedent have been met to file this lawsuit.
  9. This lawsuit is timely filed.

FACTUAL ALLEGATIONS

  1. Plaintiff worked for the Defendant for approximately ____ year(s) as a Regional Sales Manager.
  2. In the Fourth Quarter of 2011, Plaintiff made sales for which the commissions totaled $34,000.00, of which $21,000.00 is unpaid.
  3. Previously, Plaintiff was aid commission on sales at the end of the quarter in which the sale was made, regardless if the account was outstanding.
  4. However at the end of the fourth quarter, Defendant retroactively changed the terms of the commission agreement so that the employee would not receive commission on sales until after the account for which the sale was made was paid in full.

COUNT 1 – VIOLATION OF THE MINIMUM

WAGE PROVISIONS OF THE FLSA

  1. Plaintiff  re-alleges paragraphs 1-13 above.
  2. The Defendant, SAMPLE DEFENDANT, INC., willfully violated the FLSA, by failing to compensate the Plaintiff at a rate equal to minimum wage requirement for work performed while employed by the Defendant.

WHEREFORE, Plaintiff demands a judgment against Defendant for the following:

(a)            Wages found to be due and owing;

(b)           An additional equal amount equal to the unpaid minimum wages found to be due and owing as liquidated damages;

(c)            Prejudgment interest in the event liquidated damages are not awarded;

(d)        A reasonable attorney’s fee and costs; and,

(e)         Such other relief as this Court deems just and equitable.

COUNT 2 – UNPAID WAGES – BREACH OF AN EXPRESS EMPLOYMENT CONTRACT AS TO DEFENDANT, SAMPLE DEFENDANT, INC.

 

  1. Plaintiff re-alleges paragraphs 1-13 above.
  2. Plaintiff and Defendant entered into an oral employment agreement.
  3. Pursuant to the parties’ agreement Defendant agreed to compensate the Plaintiff commission equal to 12% of sales made.
  4. An essential term of the employment agreement was that Plaintiff would be paid as per the terms of said agreement.
  5. Defendant, SAMPLE DEFENDANT, INC., has willfully failed to pay Plaintiff for work performed while she was an employee.
  6. Plaintiff has been damaged due to Defendant’s willful failure to pay Plaintiff the appropriate agreed upon wages and reimbursements.
  7. All conditions precedent have occurred, have been waived or have lapsed.
  8. Plaintiff has retained counsel on a pure contingency fee and cost basis.
  9. Plaintiff requests that a contingency fee multiplier be applied.
  10. Pursuant to §448.08, Florida Statutes, Plaintiff is entitled to costs of the action, a reasonable attorney’s fee, and a contingency fee multiplier.

WHEREFORE, Plaintiff requests judgment against the Defendant for damages and prejudgment interest, together with costs of suit and reasonable attorney fees, along with a contingency fee multiplier, and such other relief this Court deems just and equitable.

COUNT 3 – UNLAWFUL EMPLOYMENT RETALIATION

IN VIOLATION OF SECTION 448.102, FLORIDA STATUTES

 

  1. Plaintiff re-alleges paragraphs 1-13 above.
  2. Defendant’s treatment of Plaintiff, constitutes a retaliatory personnel action against Plaintiff, in violation of Sections 448.102(3), Fla. Stat. That statute prevents an employer from taking retaliatory action against an employee because the employee has: “Objected to, or refused to participate in an activity, policy, or practice of the employer which is in violation of law, rule, or regulation.”
  3. Defendant intentionally took retaliatory action against Plaintiff because he demanded unpaid wages.
  4. Defendant’s illegal retaliation against Plaintiff, in violation of Section 448.102, Fla. Stat., was willful, malicious and taken with reckless indifference to Plaintiff’s rights.
  5. As a result of Defendant’s unlawful, retaliatory conduct, Plaintiff has suffered damages, including (without limitation) economic and emotional damages.

WHEREFORE, Plaintiff demands judgment against Defendant and relief in the form of: economic damages, including lost wages, benefits, and other remuneration; reinstatement of the employee to the same position; reinstatement of full fringe benefits and seniority rights; front pay and back pay; and other compensatory damages allowable under law; emotional distress damages, prejudgment interest and post judgment interest; attorneys’ fees and costs (See e.g. Fla. Stat. Section 448.104), and any other relief the Court deems just and proper.

 

DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable.

DRAFT

                                                                                    ______________________

                                                                                    Michael Massey

855 E. University Ave.

Gainesville, FL 32601

(352) 505 8900