Plaintiff v. City of Cocoa Beach - (FMLA)

Plaintiff v. City of Cocoa Beach - Unlawful Employment, Family Medical Leave Act, Florida Commission on Human Relations (FCHR), Discrimination.


IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA


Dionyssios Diakakis,

Plaintiff,

vs. Case No:

City of Cocoa Beach,

Defendant.

_____________________________________/

COMPLAINT AND DEMAND FOR JURY TRIAL

1. The unlawful employment practices alleged below were committed within Brevard County, Florida.
2. This is an action for damages in excess of Fifteen Thousand ($15,000) dollars.
3. This is an action for whistleblower retaliation in violation of Florida Statutes, Section 112 et seq. and denial of family leave under the Family Medical Leave Act 29 U.S.C. .
4. Plaintiff Dionyssion Diakakis is male.
5. Defendant is an employer as defined in chapter 112, Florida Statutes.
6. Defendant employed Plaintiff on or about __________.
7. Plaintiff was employed as a __________ within Sears’ Brand Central department at its Merritt Island store.
8. Plaintiff performed her duties at all times in a professional and competent manner.
9. Plaintiff’s supervisor engaged in a pattern of discrimination against Plaintiff on the basis of Plaintiff’s sex.
10. Plaintiff reported the discriminatory behavior to which she was subjected, to supervisory and management officials who failed and refused to take remedial action.
11. The acts of discrimination by Defendant against Plaintiff, included but are not limited to the following:
A. Allowing male sales persons unfair selling advantages
B. Subjecting Plaintiff’s work and sales practices to greater scrutiny.
C. Suspending Plaintiff for minor infractions that are routinely committed by male sales persons without reprisal.
D. Deducting Plaintiff’s commissions for minor infractions that are routinely committed by male sales persons without any similar deductions.
11. The discriminatory treatment was motivated by the intent of the Defendant to discriminate against Plaintiff on the basis of her sex.
12. Plaintiff has retained the undersigned attorneys and has agreed to pay a reasonable fee.
13. Plaintiff has exhausted her administrative remedies prior to bringing this action.
14. Plaintiff has complied with all conditions precedent prior to bringing this action.

15. This Court has jurisdiction under Chapter 760, Florida Statutes, which prohibits discrimination with regard to sex.
16. More than one hundred and eighty (180) days have passed since Plaintiff filed her charge of discrimination with the Florida Commission on Human Relations. As of this date, the Florida Commission on Human Relations has made no findings or determination of any kind.
17. In subjecting Plaintiff to disparate treatment, because of her sex, Defendant violated the provisions of Chapter 760, Florida Statutes, which makes it unlawful for an employer "to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individuals race, color, religion, sex, national origin, age, handicap, or marital status."
18. As a result of Defendant’s conduct, Plaintiff has suffered damages to her financial welfare by reason of Defendant’s discriminatory actions against Plaintiff.
19. As a result of Defendant’s conduct, Plaintiff suffered loss of self-esteem and emotional distress.
20. The violations of Plaintiff’s rights by Defendant were intentional, malicious and willful.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendant, for all damages to which she may be entitled, including, without limitation:
A. An Order prohibiting the discriminatory practice and providing affirmative relief from the effects of the practice.
B. Back pay.
C. Front pay.
D. Compensatory damages, including but not limited to emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life and other non-pecuniary losses.
E. Punitive damages
F. Reasonable attorney fees and costs of this action.
G. Such other damages to which Plaintiff may be entitled.

DEMAND FOR JURY TRIAL
Plaintiff demands a jury trial on all issues herein triable by jury.
DATED this _____day of May, 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

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.